Long Island National Origin Discrimination

Long Island Attorneys Advocating for Your Workplace Rights

The United States of America is often called a melting pot, and New York exemplifies that. Long Island consists of four counties in New York that are densely populated. It has a growing population of Chinese Americans, and it also has a Little India and a Koreatown. Unfortunately, some employers do not appreciate diversity and are openly or implicitly intolerant of it. If you are harmed by national origin discrimination, you should contact an experienced employment litigator. At Phillips & Associates, we understand how difficult it can be to be subjected to prejudice and stand up to an employer. Our Long Island national origin discrimination lawyers work hard to help our clients recover damages so that they can move forward with their lives. We have no upfront fee. Call to today for a free consultation at (866) 229-9441.

National Origin Discrimination Under the Law

Workplace national origin discrimination occurs when an employee is treated adversely due to their country of origin, ethnicity, ancestry, or perceived national origin. Often, there is some overlap between national origin discrimination and race discrimination. Sometimes there is an overlap with religious discrimination. It may be unclear, for example, if you are a brown-skinned Muslim of Iranian origin, whether you are being mistreated because of your national origin, your race, your color, or your religion. Employees are not supposed to be treated differently simply because they have an accent or different cultural customs and practices.

Title VII of the Civil Rights Act of 1964 is the federal law that forbids national origin discrimination. Your employer is covered by Title VII if it has at least 15 employees. However, the New York State Human Rights Law also forbids national origin discrimination. It covers your employer if your employer has at least four employees.

There are many nuances to these laws that can affect a discrimination victim's recovery in a lawsuit, and it is important to retain a national origin discrimination attorney on Long Island who can strategize about what the most effective way to recover damages would be. For example, you must bring a charge with the Equal Employment Opportunity Commission (EEOC) within a limited window of time if you bring your claim under Title VII. There is no requirement of filing a charge with an agency under the state law, but you cannot recover punitive damages under it.

Examples of National Origin Discrimination

It may be national origin discrimination if your employer makes offensive remarks about your country of origin (or the country from which your employer believes you to be) and does not promote you. It may also be national origin discrimination if your employer segregates you from customers due to your accent. It may also be national origin discrimination if you are rejected after an interview due to your accent, even though you are qualified to do the job. In any of these situations, a Long Island national origin discrimination attorney can investigate whether you have a claim.

In some cases, English-only rules are discriminatory. These rules are legal only when established for nondiscriminatory purposes to assist with necessary business operations.

A company cannot refuse to provide you with the same pay as other employees because of your actual or perceived national origin. Similarly, an employer is not supposed to use recruitment efforts that tend to exclude someone of a specific national origin.

In some cases, employers look the other way when an employee is bullied or teased. While a minor or one-off incident is not considered actionable harassment, when multiple incidents add up over time, or an incident is sufficiently outrageous, it may be considered hostile work environment harassment. You should let your employer know what is happening if you are being harassed by a coworker. National origin harassment by a supervisor is imputed to the employer, but even in those cases, it is a good idea to report the harassment.

Seek Assistance from a National Origin Discrimination Lawyer on Long Island

At Phillips & Associates, we fight for employees against employer misconduct and help them protect their right to a workplace where they are treated according to their merits. Contact us at (866) 229-9441 or through our online form.