The United States functions as a melting pot that is home to successful individuals of all creeds, religions, backgrounds, ethnicities, and race. Since 1964, with the implementation of Title VII of the Civil Rights Act, the United States has enforced national origin discrimination policies and regulations that protect employees and applicants against discrimination based on their color, national origin, religion, race, ethnicity, background, or beliefs. The growing number of immigrants and people of other origins includes people from Asia, Latin America, Europe, and Africa. The diversity of the United States allows us to triumph in various ways which is why it provides laws that protect against racism and discrimination.
The population of non-Anglo Americans is increasing every year, immigrant people have diversified the industries across the United States. With a growing number of immigrants, there is a growing number of work-related discrimination cases all across the board. Under California law, employers cannot deny anyone employee the rights that are given to other employees such as compensations, promotions, and other company benefits. Many times discrimination is subtle, meaning that a person might not know they are being discriminated against at the workplace. Under California Law, your employer is obligated to treat everyone in the workplace with equal respect and dignity. If you are a victim of discrimination, it is important to note that every worker in California regardless of their color, national origin, religion, race, ethnicity, background, or beliefs, is protected by anti-discrimination policies.
The California Sexual Harassment Attorneys believe that diversity is what makes America great. If you are experiencing any type of discrimination at the workplace you may be entitled to a lawsuit against your employer for compensations. Your employer must adhere to the regulations enforced by the Equal Employer Opportunity Commission's (EEOC) which enforces the mandates established by the Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, the ADA Amendments Act of 2008, and the Age Discrimination in Employment Act of 1967 (ADEA). These acts and governing bodies have strict policies and regulations that aim to reduce discrimination in the workplace based on national origin.
If you are an employee or an applicant who has faced discrimination at the workplace, we invite you to call our California Sexual Harassment Attorneys at 800-905-1856. Employees and applicants facing national origin discrimination are encouraged to file an EEOC claim against their employer or company so that they can claim remedies. To learn whether you should file an EEOC claim contact a local attorney who can provide guidance on the filing process. The California Sexual harassment Attorneys are ready to handle your case with a great sense of professionalism and legal guidance.
National Origin Discrimination
National origin discrimination is discrimination against someone because of a person’s physical traits, language, culture, or because of their perceived place of origin. National origin discrimination can involve individuals of the same original or ethnic background. The law prohibits employers or companies from discriminating against employees when firing, assigning jobs, laying off, training, providing benefits, or when hiring. In essence, your employer is unable to provide work policies for the majority if it has an unfavorable impact on a person of a certain national origin. For example, an employer may only enforce an “English only” policy if it is crucial for the operation of the business. The employer cannot enforce these rules simply because she or she is unaccepting of a certain language or accent. The law under the Title VII of the Civil Rights Act has established that an employer cannot discriminate against a person because of their place of origin or because of their real or perceived ethnic background.
Under Title VII, employers are unable to propose actions that directly affect a person because of their perceived or real geographic origin. The law says that place of origin can include a country such as Columbia, Mexico, China, the United States etc. and can include former states under the USSR and other republics that no longer exist. Place of origin also includes different geographic regions that are home to different ethnic groups that never established a state such as the Kurds in Turkey, Iraq, and Iran.
National origin discrimination ‘based on place of origin’ may involve:
- Citizenship Status: employment discrimination based on citizenship
- Perception: employment discrimination based on the belief that a person is of a certain national origin
- Association: employment discrimination against employees or applicants because of their association with people with different ethnic origins. For example, discriminating against an employee because he or she is married to a person of a certain national origin
Aside from discrimination based on place of origin, the Title VII forbids an employer or company from discriminating against a person because of their ‘national origin group’ or discrimination based on ethnicity. Ethnic groups share a common language, culture, race, ancestry, and other characteristics that make them unique. Ethnic groups in the United States include German, Irish, African American, English, Latino, Italian, Polish, Native Americans, Chinese, etc.
National origin discrimination based on national origin group:
- Physical and cultural traits: employment discrimination based on language, physical characteristics, or other attributes that can be associated with an ethnic group
- Ethnicity: employment discrimination based on the person's ethnic identity and culture
There are many ways that you can be discriminated against based on your national origin. At your workplace, you may be experiencing discrimination if you are demoted from a position, not being promoted to a position after being clearly qualified, or being put through different obstacles or expectations due to your national origin. If you are experiencing discrimination at your workplace, you are encouraged to contact our attorneys today to discuss how to handle this issue. In some cases, you will need to fight for remedies in a lawsuit if your employer fails to settle your claim during the EEOC negotiation procedure. In any event, if you are unable to fix the issue at your workplace, you are encouraged to proceed with a complaint to the Equal Employer Opportunity Commission's (EEOC).
Filing a Complaint to the Equal Employer Opportunity Commission's (EEOC)
If you are experiencing discrimination in the workplace and you wish to file a formal complaint to the federal office of the EEOC, you must first contact an Equal Employment Opportunity Counselor (EEO Counselor) and set an appointment so that you may speak to the representative about your case. The counselor must be notified no later than 45 days of the discrimination incident at your workplace or at a workplace where you applied for employment. The United States mandates that employers provide the contact information of the local EEOC office upon request.
Once you contact your local EEO counselor, he or she will listen to your complaint and will document your statement. Your EEO counselor will provide options for your case and determine the best course for your situation.
The EEO counselor will usually provide two options for employees or applicants looking to file a formal complaint. In many cases, you will be provided with the option for EEO counseling or an alternative dispute resolution (ADR). In both cases, the employer or company has the opportunity to make things right with the employee or applicant who has filed a complaint with the EEOC.
The EEOC has established methods in which employers and employees/applicants can come to an agreement without having to find a resolution in front of a judge. In ADR or EEO counseling, the employee and employer will meet in informal settings with a mediator so that they can come to an agreement or find a solution to the work-related issue. In other cases, you are protected by the Age Discrimination in Employment Act to have the right to proceed with a lawsuit and a judge hearing without having to go through an informal negotiation or mediation with your employer.
If after 30 days of counseling or ADR, your claim remains unresolved, your EEO Counselor is obligated to inform you of the “Notice of Final Interview”. During the final interview, you should understand your rights to extend the negotiation or counseling for up to 60 days or of your right to file a formal complaint.
EEOC Formal Complaint and Process
There are a few ways in which you can file a formal complaint:
- You are entitled to file a formal complaint after your final interview with the EEO Counselor.
- If your EEO Counselor fails to provide a final interview within 30 days of the date the complaint was received
If your claim was unresolved during counseling or through an alternative dispute resolution, you are encouraged to file a formal complaint with the EEOC office. After you have had your final interview, you are capable of filing a formal complaint no later than 15 days after receiving clearance from your EEO counselor. If you need more time to fill out your complaint you should contact your EEO counselor or the EEOC’s Office of Federal Operations. Your EEO counselor will also submit a written documentation of the steps that were taken during the ADR or counseling procedures.
What to include in your formal EEOC Complaint
When filing an EEOC Complaint you should include the following information:
- Your full legal name, your contact information including your phone number and address
- A depiction of your account, let the EEOC office know the details of your claims including the events that you believe to have been discriminatory. Acts of discrimination can include being fired from a job, being demoted, or harassed at the workplace.
- In your description you should include why you believe you were discriminated against. Discrimination can be based on color, national origin, age, genetics, disability, sexual orientation, race, sex.
- You should include any injuries that may have occurred as an outcome of the workplace discrimination.
- Provide your signature or the signature of your lawyer
When you file your formal complaint you will be notified by the agency if the claim is accepted or denied. If the claim is denied it is usually if the complaint was filed before the final interview or if the complaint was filed too late. If your complaint is denied you will receive information on how to appeal the dismissal of your complaint. If your complaint is accepted, the EEOC will investigate your case.
The EEOC Investigation
The EEOC will provide an investigator who will gather information about your case. The investigator will not be able to determine whether or not you were discriminated against until the findings are presented to a judge. The EEOC investigator is only responsible for collecting the details of your claim.
The EEOC will usually complete its investigation within 180 days of the initiation of the investigation. After the investigation, you can either request documentation of their findings or request to have your claim heard by an EEOC Administrative Judge. If you fail to find a settlement with your employer, you are capable of filing a lawsuit for reparations.
In a court hearing, you may represent the case yourself, by another person, or you may have a lawyer present. In any case, you will not be provided with EEOC representation which is why having a lawyer at your side may be in your best interest.
During a hearing of your complaint, it is crucial that your case is represented by a lawyer who is working on your side. If you need legal representation or legal guidance on your EEOC claim, please contact the California Sexual Harassment Attorneys. Our attorneys can assist you with a lawsuit or can help you find the best settlement during EEOC counseling or through an alternative dispute resolution (ADR).
People who are facing employment discrimination because of their ethnicity or place of origin must understand the laws that protect their workers' rights. The California Sexual Harassment Attorneys can be reached at 800-905-1856. If you are facing employment discrimination please feel free to contact our offices immediately so that we can provide legal guidance to your case. Our attorneys are ready to handle your case and provide guidance through your EEOC claim.