Federal, New York State, and New York City laws all prohibit discrimination against employees and applicants because of their national origin. The New York City national origin discrimination attorneys at Risman & Risman, P.C. are experienced in handling cases where an employer has treated someone unfairly because of their background, heritage, or perceived origin. These protections apply to every stage of employment — from recruitment and hiring to promotions, pay, and termination.
No one in New York may be denied an equal employment opportunity because of their actual or perceived birthplace, ancestry, culture, language, linguistic characteristics associated with a particular ethnic group, or accent. These protections also apply if you are discriminated against because of your marriage to, association with, or advocacy for individuals of a certain national origin, participation in organizations tied to a national origin group, or even because of a surname associated with that group.
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 Human Rights Law and Title VII include:
- Employment Decisions
Title VII, the New York State Human Rights Law, and the New York City Human Rights Law all prohibit making any employment decision — including recruitment, hiring, promotions, compensation, layoffs, or termination — because of a person’s national origin.
- Harassment
Federal, state, and city laws prohibit offensive conduct such as ethnic slurs, insults, or stereotypes that create a hostile work environment. Under the NYCHRL, the standard is more protective — harassment does not need to be “severe or pervasive” to be unlawful. Employers must take proactive steps to prevent and address harassment, and employees are encouraged to report concerns early.
- Accent discrimination
An employer cannot rely on an employee’s foreign accent as the basis for an employment decision unless the accent genuinely and materially interferes with job performance.
- English fluency
A fluency requirement must be directly tied to the job’s actual needs and effective performance, not based on preference or bias.
- English-only rules
English-only workplace rules must have a legitimate, non-discriminatory reason, such as safety or operational efficiency, and should be as limited in scope as possible. Blanket rules applied at all times are rarely justified under New York law.
- Coverage of foreign nationals
Federal, state, and city laws protect employees in the United States from discrimination based on national origin, regardless of citizenship status. However, individuals without work authorization may have limits on available remedies. The Immigration Reform and Control Act of 1986 (IRCA) also requires employers to verify work eligibility for all employees hired after November 6, 1986, and prohibits certain forms of national origin or citizenship discrimination.
Contact a Seasoned and Qualified National Origin Discrimination Attorney
If you believe you have been treated unfairly because of your actual or perceived national origin, you have strong protections under federal, state, and city law. The national origin discrimination attorneys at Risman & Risman, P.C. can help you understand your rights and options. Your consultation is free. Call us at (212) 233-6400 or contact us online.
