National origin discrimination means treating someone less favorably because he/she comes from a particular place, because of his/her ethnicity or accent, or because it is believed that he/she has a particular ethnic background. In short, national origin discrimination occurs when an employee is treated unequally because of the country from which he/she came, or from which that person’s ancestors came. Federal, State and local laws make it illegal to discriminate against someone because of a person’s birthplace, ancestry, culture or language. This means people cannot be denied equal opportunity because they or their family are from another country, because they have a name or accent associated with a national origin group, because they participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin.

A few examples of possible national origin discrimination include, but are certainly not limited to, the following:

• An employer refuses to interview people with Hispanic-sounding surnames on their applications or resumes.
• An employer will not allow anyone with an accent to work with the public.
• Employees of a certain national origin are paid less than employees of other national origins.
• An employer fosters an environment that is hostile based on a person’s national origin.

Some employers may establish English only rules. Such rules are only legitimate if they are enacted for nondiscriminatory reasons and if they are used to promote the safe and necessary operations of the employer’s business.

If you believe that you are being discriminated against at work because of your national origin, you should be aware that laws exist to protect you from unlawful national origin discrimination. The attorneys at Schwartz & Perry LLP would be pleased to meet and discuss your concerns with you. There is no charge for the initial consultation. Please feel free to call us at (212) 889-6565 or contact us online.