Tag: National Origin Discrimination

Preventing discrimination against Muslim and Middle Eastern workers

by Anna C. Lukeman In the wake of recent terrorist attacks in Paris and San Bernardino, the Equal Employment Opportunity Commission (EEOC) has warned employers to be proactive and take measures against discrimination aimed at those who are or are perceived to be either Muslim or Middle Eastern.   In her statement to address this […]

Muslim teacher may proceed with national origin harassment claim

by Emily Hobbs-Wright A Turkish-born Muslim teacher claimed that her school had a culture of racial and ethnic hostility. The U.S. 10th Circuit Court of Appeals (whose decisions apply to Colorado employers) recently ruled that her complaints of national origin discrimination may move forward. This case offers several lessons on how to handle cultural differences […]

EEOC addresses workplace discrimination against Muslim or Middle Eastern individuals

by Vijaya S. Surampudi As backlash is rising steadily in the wake of terrorist attacks in Paris, France, and San Bernardino, California, the Equal Employment Opportunity Commission (EEOC) is taking an active approach to addressing current and potential workplace discrimination. EEOC Chair Jenny Yang issued a statement urging employers and employees to be mindful of […]

Recent settlement highlights EEOC’s focus on vulnerable workers

by Jeffrey D. Slanker and Rob Sniffen The Equal Employment Opportunity Commission’s (EEOC) Strategic Enforcement Plan (SEP) highlights several areas in which the agency is increasing its focus, including the protection of vulnerable immigrant and migrant workers. That focus was recently underscored by the agency’s settlement of a case involving allegations of national origin and […]

Adverse employment action because of accent is illegal

by Joseph Cooper Title VII of the Civil Rights Act of 1964 forbids discrimination on the basis of national origin in any aspect of employment, including hiring, firing, and job assignments. Because an employee’s accent or language skills are often associated with her national origin, employment decisions based on those characteristics are scrutinized closely by […]

Tribal hiring preference not national origin discrimination

by Nancy Williams Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) has taken the position that this provision doesn’t permit preference for members of a particular tribe. In the […]

Is Your Dress Code Legal?

Many businesses find it appropriate to implement a dress code to ensure that everyone within the organization dresses appropriately and to a companywide standard. But the way an individual chooses to dress is a very personal decision, and an employee’s choice of clothing is one that can involve many factors, including the cost of the […]

The good, the bad, and the ‘feo’ of the American workplace’s Latinization

by Glianny Fagundo The American workplace is becoming more diverse. The U.S. Bureau of Labor Statistics (BLS) calculated that 14.8 percent of the U.S. labor force was Hispanic in 2010. That number is expected to jump to 18.6 percent by 2020—which translates to roughly one in five workers. While many see such diversification as a […]

Changes To California Mixed-Motive Rules

Yesterday, we looked at the case of a California employee, Lorena Alamo, who successfully established that her termination was due to improper “mixed motives” (the employer had both unlawful and legitimate reasons for the firing).

National origin discrimination and race discrimination aren’t the same thing

by Kevin McCormick In a recent decision, the U.S. District Court for the District of Maryland affirmed the notion that discrimination on the basis of race and discrimination based on national origin are distinct legal claims. Moreover, because 42 USC § 1981 only prohibits discrimination based on race, a claim alleging national origin discrimination under […]