National Origin Discrimination

Under Title VII of the Civil Rights Act of 1964 (‘Title VII”), it is illegal to discriminate against an individual because of his or her national origin. “National origin” includes a person’s birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. An employer may not give an employee of a particular national origin less favorable treatment, fewer job or promotional opportunities, or terminate or refuse to hire an employee because of that employee’s national origin. Additionally, employers may not discriminate against employees because they are from another country, have names or accents associated with a particular ethnic group, participate in certain customs associated with an ethnic group, or are married to or associate with people of a certain national origin. A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business.

It is also illegal for an employer to subject an employee or allow an employee to be subjected to harassment because of that employee’s national origin. Harassment based on national origin is any conduct that interferes with a person’s work performance, negatively affects a person’s employment opportunities, or creates an intimidating, hostile, or offensive work environment. Jokes based on ethnicity or nationality, name-calling, threats, and other forms of mistreatment towards an employee because of his or her national origin are illegal if the behavior is so severe and pervasive that it changes the terms and conditions of a person’s employment.

In addition to Title VII, employees may also be protected under state laws that forbid national origin discrimination. The specifics of these statutes vary from state to state, but in some cases plaintiffs may be able to pursue claims for damages and other relief under these statutes in addition to those provided by Title VII. For example, the language of the District of Columbia Human Rights Act (“DCHRA”) is almost identical to that of Title VII, but this D.C. anti-discrimination law does not include a cap on damages or a requirement that the employee first file an administrative complaint. The DCHRA also allows for liability against individuals, such as supervisors. The Virginia Human Rights Act, meanwhile, applies to small businesses that may not be covered under Title VII. Several counties in Maryland also enforce statutes similar to Title VII. An attorney who is familiar with local laws can help you decide under which statutes — state or federal — you should file your complaint.

At Katz, Marshall & Banks, we have been especially committed to representing employees subjected to post-September 11 backlash discrimination and have worked closely with the American-Arab Anti-Discrimination Committee to provide counsel and assistance to employees who have been subjected to such invidious discrimination.

The attorneys at Katz, Marshall & Banks, LLP have a long history of successfully representing clients in national origin discrimination, harassment and retaliation cases, and we are nationally recognized as experts in the field.  If you believe that you have been the victim of national origin discrimination, contact the experienced attorneys at Katz, Marshall & Banks, LLP for an evaluation of your case with no further obligation.