How Do I Protect Myself Against National Origin Discrimination?

Federal law prohibits discrimination against people based on their national origin in employment, housing, and education. Unfortunately, people from another country or those who speak a different language regularly face discrimination.

Victims of national origin discrimination can take steps to protect their civil rights. Reporting discrimination can help protect others from disparaging treatment. To help protect yourself against national origin discrimination, talk to a local discrimination attorney.

Understanding National Origin Discrimination

Americans come from hundreds of other countries and ethnic groups and speak a variety of languages other than English. Federal and state laws prohibit discriminating against others based on their national origin.

National origin discrimination can target many types of characteristics, real or perceived, including:

• Place or country of birth
• Native language or foreign accent
• Ancestry or ethnic background
• Looking or sounding foreign
• Marriage to someone of a particular national origin

Federal Laws Prohibiting National Origin Discrimination

Several laws prohibit national origin discrimination in contexts such as housing, employment, and education:

• Title VI and Title VII of the Civil Rights Act of 1964
• Immigration Reform and Control Act (IRCA)
• Fair Housing Act

Additionally, while the Voting Rights Act does not explicitly include national origin, it does protect the right to vote based on a person’s membership in a minority language group.

Enforcement of Federal Anti-Discrimination Laws

The U.S. Equal Employment Opportunity Commission (EEOC) investigates employment discrimination claims. The EEOC applies to employers with 15 or more employees.

For employers with four to 14 employees, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration-Related Unfair Employment Practices investigates national origin discrimination. The DOJ Civil Rights Division investigates other charges of discrimination, including in housing, voting, and other national origin discrimination cases.

Recognizing Signs of Discrimination

Discriminatory events can be open and obvious or discrete and hidden. Examples of discrimination can include:

• Slurs about certain ethnic groups
• Making fun of accents or proficiency in English
• Sudden change in job duties, job performance, or compensation
• Failing to put a stop to a hostile work environment
• Excluding workers from meetings or work events
• Unequally enforcing rules against different groups

Open harassment could involve statements about your accent, country of origin, or immigration status. However, many national origin discrimination cases do not involve obvious signs of discrimination. For example, it may not be immediately apparent that an employer is making adverse employment decisions about you because of your Hispanic-sounding last name. Evidence showing that terminations or demotions happen more often to workers who share your personal characteristics can demonstrate discrimination.

Showing disparate impact is also evidence of discrimination. Nondiscriminatory reasons for employment decisions amount to discrimination if they disproportionately impact workers of a certain national origin group. For example, English-only rules may have a greater impact on workers born in other countries. English-only is generally not allowed when speaking English is not necessary for job performance or safety.

Steps To Take if You Experience Discrimination

If you suspect your employer, supervisor, lender, or landlord is discriminating against you, try to gather evidence. Record when incidents occurred and who else was present. An employment discrimination attorney can help you identify witnesses to back up your claim. Other evidence can include emails, text messages, or notes from co-workers or supervisors.

You can report national origin discrimination charges to state and federal government agencies, like the EEOC. These agencies will take your discrimination case, investigate your allegations, and take further steps.

If the agency finds evidence of discrimination, it can try to resolve the case through a settlement or mediation. The agency can file a lawsuit against the violator if you cannot settle your discrimination case. If the agency does not prosecute your case, they will generally give you notice to handle your own case.

You can file a civil lawsuit for national origin discrimination claims. For some claims, you have to exhaust the administrative remedies first. This means going through the EEOC or DOJ claims process. In some states, you can get a notice of right to sue without waiting for the agency investigation.

Remedies for National Origin Discrimination

Your legal remedies will depend on the type of national origin discrimination. For example, for employment law violations, your remedies may include:

• Reinstatement to your job
• Back pay
• Lost benefits
• Emotional distress
• Attorney’s fees

Some states have stronger anti-discrimination laws that provide additional legal remedies. To understand your legal protections against national origin discrimination, talk to a local discrimination lawyer.

Seeking Support and Legal Assistance

Many workers never report national origin discrimination. They may not want to speak up because they need their job or just want to get by. Unfair discrimination hurts all workers. Failure to report discrimination encourages further harassment of people in the future. Taking legal action can put a stop to abusive treatment, help workers get compensation, and prevent future discrimination.

To understand your legal options, talk to a local discrimination lawyer.