Phillips & Associates

Nationality Discrimination

Employment Attorneys Advocating for Employees in Miami

Miami has grown in part because of immigration from other countries. As of 2000, 34% of the population was Cuban. Around 5.6% was Nicaraguan, and 5.5% was Haitian. According to the United Nations Development Program, 59% of the residents of Miami are foreign-born Employers are prohibited from engaging in nationality discrimination in Miami by federal, state, and local laws. The Miami nationality discrimination lawyers at Phillips & Associates are dedicated to fighting for employees who have faced discrimination because of a person’s actual or perceived national origin.

Nationality discrimination, also known as national origin discrimination, happens if a prospective or existing employer makes an adverse employment decision against you because you are, or perceived to be, from a certain country. You are protected against nationality discrimination in the workplace even if you were born in the U.S. but had parents or ancestors from a different country. You may also face national origin discrimination if your employer has negative stereotypes about the place from which your ancestors came and makes employment decisions on that basis, or allows jokes, ridicule, and/or hostility about your national origin.

National Origin Discrimination

Title VII of the Civil Rights Act of 1964 is the federal law that prohibits nationality discrimination. You are protected from an adverse employment decision based on your nationality in connection with the terms, conditions, or privileges of your job. For example, you may have faced nationality discrimination if you were not hired because you are Iraqi or if you were not promoted because you are Somali. In some instances, there may be overlaps between national origin discrimination and religious or racial discrimination.

The Florida Civil Rights Act was patterned after Title VII and also prohibits national origin discrimination. Federal case law is also applicable to Florida Civil Rights Act cases. National origin discrimination can include making adverse decisions based on aspects of identity that are reflective of national origin, such as an employer’s perception that a worker is of a certain national origin, a worker’s marriage to someone of a certain nationality, or because of the linguistic, cultural, or physical characteristics that a worker shares with a certain nationality. A nationality discrimination attorney in Miami can help you hold your employer accountable for these unlawful actions.

Job Conditions

Harassment based on nationality is a form of discrimination. Harassment may consist of jokes, slurs, pranks, memes, or physical misconduct in the workplace that is carried out because of an employee’s national origin, whether actual or perceived. This type of harassment is actionable if it is so pervasive or so severe that it creates a hostile work environment. For example, if you are an Iranian immigrant, and every day your coworkers place camels on your desk, call you a terrorist, and tell you to go back to your country, you may have a claim of nationality discrimination based on a hostile work environment.

It is unlawful for your employer to retaliate against you because you engaged in the protected activity of complaining about discrimination or harassment, whether you complained internally to HR or filed a charge with the EEOC. Moreover, you should not face retaliation for opposing the unlawful practice of nationality discrimination or participating in an investigation related to a coworker’s claim of discrimination. Our Miami nationality discrimination attorneys can help you bring a retaliation claim together with your discrimination claim if needed.

More importantly, your workplace should not be segregated based on employees’ national origins. For example, if you work in a restaurant, your employer should not require employees of Mexican origin work in the kitchen, while only allowing employees of European descent to serve customers because it wants to present a certain kind of image.

The Miami-Dade County Human Rights Ordinance is enforced by the Commission on Human Rights Board, which is a quasi-judicial board. This ordinance also prohibits employment discrimination on the basis of national origin.

Hire an Employment Discrimination Attorney

Nationality discrimination in Miami workplaces can take various forms and can have significant economic and emotional consequences for a worker. It is wise to talk to an attorney about which law would provide you with the most effective relief for nationality discrimination. If you are harmed by discrimination in Miami, you should consult a seasoned employment attorney. Call the experienced litigators at Phillips & Associates at (305) 549-5120 or complete our online form for a free consultation with a nationality discrimination lawyer in Miami.

Client Reviews
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Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
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Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
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I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
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Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
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Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen