According to Title VII of the Civil Rights Act, national origin discrimination includes any discrimination based on the person’s place of birth, cultural heritage, accent, or native language. Title VII also offers protection from harassment based on national origin.
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Separate from Title VII, there is also protection from discrimination based on citizenship status, which comes from the Immigration Reform and Control Act (IRCA).
For Employers: Avoiding National Origin Discrimination
Like many forms of discrimination, avoiding national origin discrimination may be easier said than done if employees are not trained in what to do and what not to do. This is something that employers need to train employees about—especially supervisors, managers, and anyone involved in the hiring process. Here are some tips:
- This type of discrimination can include discrimination based on any factor related to national origin. Employers need to be aware that this could include:
- Accent
- Ancestry
- Language
- Clothing related to cultural identity
- Name/surname
- Association with someone of a specific national origin (or marriage to someone of a specific national origin)
- Attendance or participation in groups related to a national origin, including schools, places of worship, and other organizations
- Skin color
- Any other customs practiced, which are related to national origin
- Don’t ask questions about national origin; it is irrelevant to the ability to perform the job. Before hiring, it’s acceptable to ask an applicant if he or she has the legal ability to work in the United States, but remember to ask this of every applicant, not just ones with a particular characteristic, such as those applicants who have an accent.
- When completing the I-9 form and getting identification from the new employee, do not require different documentation dependent upon national origin. Any document on the I-9 form’s list is acceptable.
- Consider whether it is compliant to have a policy requiring only English to be spoken in the workplace. There are legal circumstances where this may be allowed for safety reasons, but usually this is only the case if it is required for safety or other legitimate business purposes; even then, it would likely be overstepping to not allow any other language to be spoken at any time on the premises.
- Be careful with dress code policies. Ensure that they do not take away rights by unnecessarily prohibiting clothing that is related to an employee’s cultural heritage; if the dress code necessitates this, be prepared with the business justification for the dress code item in question. The same goes for grooming standards.
- Conduct antiharassment training and be sure to take harassment complaints seriously.
- Remember: National origin discrimination does not depend on the national origin of the person who is being discriminatory—it can happen even when the two people have the same national origin.
- It’s still considered to be national origin discrimination if it occurs based on association with someone of a specific national origin (or marriage to someone of that origin).
National Origin Discrimination Exceptions
In a few limited circumstances, there may be some exceptions to the items above. However, employers should know that they should proceed carefully if considering making an exception. Here are some examples of where exceptions may apply:
- If an accent interferes with an individual’s ability to do his or her job, it may be permissible to disallow that person from performing that job. But be careful to ensure there really is a problem, not just a perceived problem.
- If a specific dress code is required for safety reasons, it may not be possible to allow exceptions, even for the purposes of allowing employees to dress in ways that reflect their cultural heritage. Review any requests for exceptions carefully to be sure there is a business justification for the rule in question.
- The ability to speak a specific language fluently to perform the job is an acceptable job requirement. If this policy is applied, it must be applied consistently, not just for those from certain countries or areas.
Naturally, no employer wants claims of discrimination in the workplace, so it is important for employers to ensure their team understands what constitutes discrimination under Title VII and proceed accordingly.
*This article does not constitute legal advice. Always consult legal counsel with specific questions.
About Bridget Miller:
Bridget Miller is a business consultant with a specialized MBA in International Economics and Management, which provides a unique perspective on business challenges. She’s been working in the corporate world for over 15 years, with experience across multiple diverse departments including HR, sales, marketing, IT, commercial development, and training.