San Diego National Origin Discrimination Attorney
As a worker in California, you’re protected by various state and federal laws from discrimination based on your national origin. Whether the purpose of a behavior is to discriminate or it effectively acts as discrimination, employees should never be subjected to such treatment. If you’ve been unfairly targeted based on where you’re from, a San Diego national origin discrimination lawyer from Jimenez Loayza, APC, can help you file a claim and fight to protect your rights.
What Is National Origin Discrimination?
National origin discrimination is unfair or unequal treatment of an employee based on their birthplace, language, accent, culture, ancestry, or ethnicity. This also extends to employees who associate with other people of a different national origin, and it also prevents discrimination based on perceived traits, regardless of the person’s actual national origin.
Despite federal and state laws that prohibit national origin discrimination, it still remains a prevalent issue. In California, national origin discrimination accounted for 9.1% of all complaints filed with the Equal Employment Opportunity Commission in 2022.
California Laws on Workplace Discrimination
California extends numerous protections to workers. These prohibit discrimination in the workplace based on national origin. The Fair Employment and Housing Act makes discrimination based on a person’s sex, gender, race, ethnicity, national origin, and other protected traits illegal. These protections are enforced by the state’s Civil Rights Department, although settlements outside the CRD’s mechanisms are also possible.
Note that state laws aren’t your only protection. Title VII of the federal Civil Rights Act of 1964 also prohibits discrimination in the workplace. Specifically, you are protected from retaliation, harassment, or discrimination based on:
- Race
- Nationality
- Color
- Religion
- Sex
It’s important to know both the state and federal laws on discrimination, as you have different paths toward compensation, depending on which laws are broken and which agencies you plan to file reports with. It’s wise to speak with a San Diego national origin discrimination attorney to understand your options if your employer may have violated these laws.
How a National Origin Discrimination Lawyer Can Help
National origin discrimination laws can be complicated to understand, but a knowledgeable attorney can provide the guidance and support you need. An experienced lawyer can:
- Collect evidence of the discrimination.
- Explain your options for pursuing compensation.
- Help you file a report with the Civil Rights Department or the Equal Employment Opportunity Commission.
- Represent you during litigation.
An attorney can be a valuable ally, offering not only legal assistance but also compassion.
These cases can be just as emotionally challenging as they are legally complex. In fact, 37% of national discrimination reports also include harassment. This is especially true if the discrimination has created a sustained hostile work environment. When you work with an attorney, you can have less to worry about as they manage your case.
About Jimenez Loayza, APC
The attorneys at Jimenez Loayza, APC, come from different legal backgrounds, giving us unique insight. Having represented both employees and employers, we know the strategies the other side might use, helping us prepare a solid legal plan. More than that, we prepare for trial as soon as we take on a national origin discrimination case. We aren’t afraid of arguing in front of a judge or jury in the San Diego County Superior Court.
Our team chooses to have a limited caseload so we can make sure our clients get the attention they deserve. We don’t want you to feel like another file on a desk. We want you to feel confident in our ability to fight for you.
FAQs
Is It Illegal to Discriminate Based on National Origin?
Yes, it is illegal to discriminate based on national origin under state and federal laws. Specifically in California, workers are protected by the Fair Employment and Housing Act, which prohibits unfair or unequal treatment based on an employee’s birthplace, nationality, ancestry, or language. Federally, Title VII of the Civil Rights Act provides similar protections. Violations of these laws can be reported to the California Civil Rights Department or the Equal Employment Opportunity Commission, respectively.
How Do You Prove National Origin Discrimination?
Proving national origin discrimination is not easy. You need strong evidence of unfair or unequal treatment, and you must tie it to your nationality. Evidence could include emails or text messages from a supervisor or coworker, company memos, and witness testimony. You may also have to establish a pattern of discrimination by your employer by looking at the treatment of other employees. An experienced attorney can help with evidence collection.
How Long Do I Have to File a National Origin Discrimination Claim?
Under federal law, employees have 180 days to file a claim with the Equal Employment Opportunity Commission, which gives you an avenue toward compensation federally. However, California residents have three years to file a claim with the state Civil Rights Department. It’s important to know which agency has authority over your case, as the deadlines to file a claim are drastically different. If you’re unsure how to proceed, consult a national origin discrimination attorney.
What Is the Difference Between Discrimination Based on National Origin vs. Ancestry?
Simply put, the difference between discrimination based on national origin versus ancestry is that one focuses on where you are from and the other on where your ancestors are from. National origin discrimination subjects a person to unfair treatment based on their birthplace, while ancestral discrimination targets a person’s language, culture, or appearance based on where their family comes from.
Hire a National Origin Discrimination Lawyer
If your employer has fired you, demoted you, denied you a promotion, harassed you, given you unfavorable assignments, or subjected you to any other mistreatment simply because of your nationality, hire a national origin discrimination lawyer. An attorney can collect evidence, help you file a report, negotiate for compensation, and represent you in court. Discrimination is a serious injustice, and you shouldn’t just take this behavior.
We’re here to listen to your story, explain your options, and give you a realistic path forward. Contact us at Jimenez Loayza, APC, today to discuss your case in a consultation, and let us tell you more about how we can help.
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