1. What is national origin discrimination?
When an individual is treated differently because of the country where they were born, their ancestry, culture, linguistic characteristics (if common to a specific ethnic group) or accent, they have been discriminated against on the basis of their national origin. An employment action based upon any of these things constitutes illegal discrimination. Discrimination of this kind goes beyond ia single individual’s characteristics.
National origin discrimination also includes discrimination based on:
marriage to, or association with, persons of a national origin group;
membership in, or association with, ethnic promotion groups;
attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or
a family name associated with a national origin group.
Some examples of national origin discrimination include:
Affiliation: Harassing or otherwise discriminating because an individual is affiliated with a particular religious or ethnic group. For example, you are harassed because you are Arab or practice Islam, or are paid less than other workers because you are Mexican.
Physical or cultural traits and clothing: Harassing or otherwise discriminating because of physical, cultural, or linguistic characteristics, such as accent or dress associated with a particular religion, ethnicity, or country of origin. For example, you are harassed by coworkers for wearing a hijab (a body covering and/or head-scarf worn by some Muslims), not hired because you have a dark complexion and an accent believed to be African. Height and weight requirements can also be evidence that an employer discriminates against a specific national origin, if the requirements do not relate to the job.
Perception: Harassing or otherwise discriminating because of the perception or belief that a person is a member of a particular racial, national origin, or religious group, even if the person is not. For example, you're a Chinese woman not hired because the hiring official believed that you were from Vietnam, or you are a Sikh man wearing a turban harassed by a coworker because the harasser thought you were Muslim.
Association: Harassing or otherwise discriminating because of an individual's association with a person or organization of a particular religion or ethnicity. For example, you are harassed because your husband is originally from Afghanistan, or you are not promoted because you attend a mosque.
If any of these things have happened to you on the job, you may have suffered national origin discrimination. Some workers experiencing national origin discrimination may also experience other forms of illegal discrimination as well, such as discrimination based on immigration or citizenship status discrimination, race or religion.
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2. Which federal laws cover national origin discrimination?
Title VII of the Civil Rights Act of 1964 is a federal law that protects individuals from discrimination based upon national origin. This extends to recruitment efforts, hiring, firing, or layoffs, based upon national origin.
The Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), is a federal law covering almost all immigration matters. It protects individuals from employment discrimination based on immigration or citizenship status, and prohibits document abuse discrimination, which occurs when employers request more or different documents than are required to verify employment eligibility and identity, reject reasonably genuine-looking documents, or specify certain documents over others.
While employees are also covered by many other workplace laws, these are the main federal laws that protect workers against discrimination based on national origin. Your state may also include national origin, or other similar qualities, such as "ancestry," "place of birth" in its antidiscrimination law. For more information about what is covered by your state law, see our page on filing a complaint.
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3. Who is protected under the law?
IRCA's anti-discrimination provision prohibits discrimination against “protected individuals,” who include citizens or nationals of the United States, permanent