National origin discrimination is a type of employment discrimination that occurs when an employer treats an employee or applicant unfavorably because of their place of birth, ancestry, culture, or ethnicity. This type of discrimination is illegal under state and federal law, including the New Jersey Law Against Discrimination (NJLAD).
Employers are responsible for ensuring that all of their employees are treated fairly, regardless of their national origin. Discrimination can take many forms, including wrongful termination, denial of a promotion, or failure to hire an applicant. If you believe you have been the victim of national origin discrimination, speaking with an experienced employment attorney is vital to protect your rights.
Examples of National Origin Discrimination in New Jersey
National origin discrimination can take many forms, some of which are not always immediately recognizable. Here are some examples of national origin discrimination in the workplace:
- Language Discrimination
Language discrimination occurs when an employer takes adverse action against an employee or applicant because of their accent, fluency, or proficiency in a language other than English. For example, an employer might refuse to hire someone because they have a foreign accent or require employees to speak only English in the workplace, even when it is unnecessary for business purposes.
- Stereotyping
Stereotyping occurs when an employer makes assumptions or generalizations about an employee or applicant simply based on national origin.
- Harassment
Harassment occurs when an employee is subjected to unwelcome conduct because of their national origin. Harassment can take many forms, including racial slurs, offensive jokes, and physical intimidation.
- Retaliation
Retaliation occurs when an employer takes adverse action against an employee because they complained about national origin discrimination. For example, an employer might fire an employee because they filed a complaint with HR about harassment.
Proving National Origin Discrimination
To prove national origin discrimination, employees must demonstrate that they were treated unfavorably because of their national origin. They must also show that their national origin was a motivating factor in the employer’s decision. This can be difficult to prove, as employers often have multiple reasons for taking adverse actions against employees.
To prove national origin discrimination, an employee might present evidence of:
- Different treatment: An employee might show that they were treated differently than other employees who were not of the same national origin.
- Negative comments: An employee might show that they were subjected to negative comments or stereotypes based on their national origin.
- Evidence of retaliation: If an employee complained about national origin discrimination and was subsequently fired or demoted, this might be evidence of retaliation.
- Statistical evidence: An employee might present statistical evidence that shows that employees of a certain national origin are underrepresented in the workplace or are disproportionately affected by adverse employment actions.
Remedies for National Origin Discrimination
If an employee can prove national origin discrimination, they may be entitled to damages, including back pay, front pay, emotional distress damages, and punitive damages. They may also be entitled to injunctive relief, such as a court order requiring the employer to ceasediscriminatory behavior.
Additionally, an employer may be required to prevent future discrimination, such as implementing anti-discrimination policies, training managers and employees, and monitoring the workplace for discriminatory behavior.
Contact an Experienced Employment Attorney Today
If you believe you have been the victim of national origin discrimination, it is crucial to speak with an experienced plaintiff employment attorney as soon as possible. An attorney can help you understand your rights and guide you through the process of filing a complaint or lawsuit. Contact our law firm online or (212) 233-6400 for a free consultation.
