National Origin Discrimination
New York City prohibits discrimination of an employee or applicant for a position because of the individual’s national origin. The New York City national origin discrimination attorneys of Risman & Risman, P.C. are well versed in the laws which prohibit discrimination against national origin. No New Yorker can be denied an equal employment opportunity (hiring, promotion, pay raise) because of their birthplace, ancestry, culture, linguistic character common to a specific ethnic group, or accent. An equal employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group. Examples of violations covered under the New York City Human Rights law, New York State Executive law and Title VII include:
- Employment Decisions
Title VII prohibits any employment decision, including recruitment, hiring, and firing or layoffs, based on national origin.
Title VII prohibits offensive conduct, such as ethnic slurs, that creates a hostile work environment based on national origin. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Likewise, employees are responsible for reporting harassment at an early stage to prevent its escalation.
- Accent discrimination
An employer may not base a decision on an employee’s foreign accent unless the accent materially interferes with job performance.
- English fluency
A fluency requirement is only permissible if required for the effective performance of the position for which it is imposed.
- English-only rules
English-only rules must be adopted for nondiscriminatory reasons. An English-only rule may be used if it is needed to promote the safe or efficient operation of the employer’s business.
- Coverage of foreign nationals
Title VII, the New York City Human Rights Law, and the New York Executive Law prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization. The Immigration Reform and Control Act of 1986 (IRCA) requires employers to prove all employees hired after November 6, 1986, are legally authorized to work in the United States. IRCA also prohibits discrimination based on national origin or citizenship.
Contact a Seasoned and Qualified National Origin Discrimination Attorney
The experienced national origin discrimination attorneys of Risman & Risman, P.C. are eager to discuss your concerns with respect to a possible instance of national origin discrimination. There is no charge for the consultation. Please feel free to call us at (212) 233-6400 or contact us online.