Employers are prohibited from discriminating against employees and applicants based on their national origin. However, despite the federal and state laws that prohibit national origin discrimination, it still occurs in many workplaces. The attorneys at Swartz Swidler advocate for people who have been the victims of unlawful discrimination based on their national origin.

What is national origin discrimination?

National origin discrimination may be direct or subtle. An example of direct discrimination based on national origin would include an employer who refuses to hire people who originate from Mexico or to interview anyone whose name sounds Hispanic. An example of subtle discrimination might include an employer that refuses to allow workers to wear clothing that reflects their ethnicity. National origin discrimination is often based on stereotypes about what people from certain countries are like.

Accent rules

Employers may only make job decisions based on the accent of an employee if it significantly impacts the employee’s ability to do the job. For instance, a company might legitimately transfer an employee who has a heavy accent from a help desk job to a job that doesn’t involve customer contact if customers had complained of an inability to understand the instructions that he or she gave. The transfer would not be legitimate if it did not interfere with his ability to do his job.