National Origin Discrimination During the Interview or Hiring Process
Although many people are aware that it is unlawful for businesses to engage in discriminatory practices when it comes to managing their employees, fewer people are aware that it is also unlawful for employers to discriminate against job applicants during interviews or the hiring process. Both federal and state laws provide protections for job applicants from discrimination based on race, age, gender, and even national origin. At Phillip & Associates, our skilled employment discrimination lawyers have asserted the rights of New York City residents to be free from mistreatment during the hiring process.Federal and State Protections based on National Origin
In general, national origin refers to the country or region where you were born. Some employment discrimination against individuals with a certain national origin stems from the fact that the non-native applicant was typically not born as a naturalized U.S. citizen. Many employers favor applicants who were born as U.S. residents. In other cases, they may base their decisions on prejudicial stereotypes when making decisions about a particular applicant’s suitability for a given position.
In some instances, an employer’s discriminatory actions or questions will be obvious during the interview or hiring process, taking the form of brazen remarks indicating that the employer has a particular bias against or for people of a certain national origin. Other forms of discrimination based on national origin may be subtler. The employer may ask a question on an application form about the job seeker’s national origin, or an interviewer may ask an applicant whether his or her parents live in the United States. Identifying a pattern of discriminatory hiring practices may require investigating an employer’s previous hiring patterns, policies, and track record.
According to Title VII of the 1964 Civil Rights Act, an employer is prohibited from discriminating against an applicant based on his or her national origin or race. This law applies to any entity, including state and local governments, if it employs more than 15 employees. Additionally, the Civil Rights Act of 1991 allows victims of national origin or race discrimination to pursue civil penalties and punitive damages against an employer that behaved wrongfully toward them.
Under New York State and New York City laws, any employer with more than four employees is prohibited from making decisions during the hiring or application process based on a prospective employee’s national origin. This law is specifically contained in New York City’s Human Rights Law, which covers all aspects of employment and a wide variety of employee categories, including paid and unpaid interns.Contact a Skilled New York City Lawyer for a Discrimination Claim
If you believe that an employer discriminated against you during a hiring phase or on a job application based on your national origin, you may be entitled to compensation. Our knowledgeable New York City attorneys are familiar with discrimination and wrongful termination claims against employers. Phillips & Associates proudly represents workers and job applicants throughout the five boroughs of the city, including Brooklyn, the Bronx, and Queens as well as in Westchester County and Long Island. Call us at (212) 248-7431 or contact us online to set up a free, confidential consultation.
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