Category Archives: National Origin Discrimination
Is Prohibiting An Employee From Speaking Spanish Evidence Of National Origin Discrimination?
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from discrimination on the basis of national origin. Under U.S. Supreme Court precedent, the term “national origin” means the country where a person was born, or, more broadly, the country from which his or her ancestors came. This means that employees… Read More »
Can Unlawful National Origin Harassment Occur When The Harasser & Victim Are From The Same Country?
Under Title VII of the Civil Rights Act of 1964 (Title VII), it is an unlawful employment practice for an employer to discriminate against any individual because of such individual’s national origin. In Espinoza v. Farah Manufacturing Company, Inc., 414 U.S. 86 (1973), the U.S. Supreme Court defined a national origin as the “country… Read More »
Can Employers Discriminate Against American Employees In Favor Of Employees From Another Country?
Under Title VII of the Civil Rights Act of 1964 (Title VII), it is an unlawful employment practice of an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual, with respect to his or her compensation, terms, conditions, or privileges of employment because of… Read More »
What Types Of Evidence Prove That An Employee Was Harassed Because Of His Or Her National Origin?
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from discrimination on the basis of national origin. Although Title VII does not mention national origin harassment, courts have uniformly held that national origin harassment that creates a hostile work environment is a form of national origin discrimination prohibited by Title… Read More »
Is An Employer’s Failure To Comply With Its Own Anti-Discrimination Policy Evidence Of National Origin Discrimination?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from discrimination on the basis of national origin and race. In Espinoza v. Farah Manufacturing Company., Inc., 414 U.S. 86 (1973), the U.S. Supreme Court defined a national origin as the “country where a person was born, or, more… Read More »
Can Employment Decisions Based On An Employee’s Accent Constitute Evidence Of National Origin Discrimination?
Title VII of the Civil Rights Act of 1964 (Title VII), which is federal law, prohibits employers from discriminating against employees on the basis of national origin. Although Title VII does not define the term “national origin,” the U.S. Supreme Court in Espinoza v. Farah Manufacturing Company., Inc., 414 U.S. 86 (1973) defined a… Read More »
Court Finds That Abusive Remarks About Employee’s National Origin Were Sufficiently Severe or Pervasive To Create A Hostile Work Environment
Title VII of the Civil Rights Act of 1964 protects employees from harassment on the basis of race or national origin which is sufficiently severe or pervasive to create a hostile work environment. In assessing whether racial or national origin based harassment is sufficiently severe or pervasive to create a hostile work environment, the… Read More »
Are Employees Born In The U.S. Protected Against National Origin Discrimination?
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of national origin. Unfortunately, Title VII does not define the term “national origin.” However, the U.S. Supreme Court in Espinoza v. Farah Manufacturing Company., Inc., 414 U.S. 86 (1973) defined national origin as the “country where… Read More »
Legal Protection For Employees Subjected To National Origin Harassment & Retaliation For Complaining About National Origin Harassment
Under the Florida Civil Rights Act (“FCRA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”), an individual is protected against discrimination with respect to his or her compensation, terms, conditions, or privileges of employment on the basis of national origin. Because the term “national origin” is not defined in the… Read More »
EEOC Lawsuit Uses Federal Law To Protect Employee Claiming Race & National Origin Harassment & Retaliation
On May 24, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) entered into a Consent Decree with American Casting & Equipment, Inc. (“American Casting”) which settled an employment discrimination lawsuit, Equal Employment Opportunity Commission v. American Casting & Equipment, Inc., brought by the EEOC on behalf of an employee of American Casting, Matthew Clark (“Clark”), in the U.S…. Read More »
