Chula Vista National Origin Discrimination Attorney
In the workplace, the only things your employer should judge you on are your ability and willingness to do your job. In fact, various laws explicitly prohibit them from judging you based on protected traits such as race, ethnicity, and national origin. If your employer violates these laws, turn to a Chula Vista national origin discrimination lawyer for help. An experienced attorney from Jimenez Loayza, APC, can provide the knowledgeable and compassionate guidance you need.
How a National Origin Discrimination Attorney Can Help
National origin discrimination cases can be complicated. Attorneys can protect workers by:
- Collecting evidence of discrimination
- Filing reports with the state Civil Rights Department or the Equal Employment Opportunity Commission
- Representing employees in negotiations
- Fighting for compensation in front of a judge or jury in the courtroom
Furthermore, if you’re worried about retaliation for filing a discrimination report, your attorney can protect you.
What Is National Origin Discrimination?
Within the U.S., 9.1% of complaints made to the Equal Employment Opportunity Commission are for national origin discrimination. This type of discrimination is the mistreatment of an employee based on their country of birth, accent, language, culture, ethnicity, or ancestry. Even harassing or punishing an employee for association with someone with these traits could fall under discrimination. Actions that could qualify as national origin discrimination include:
- Demotion
- Termination
- Denied or delayed promotions
- Salary gaps between employees
- Harassment, including insults and jokes
- Delegating unfavorable responsibilities
Similarly, discrimination does not need to directly target another person to violate the law. For example, English-only policies in the workplace that prohibit employees from speaking other languages could qualify as discrimination, and they are generally illegal in California.
Proving Discrimination in the Workplace
California has one of the most diverse workforces in the country, with 33.3% of jobs being held by immigrants. Still, the state sees far too many national origin discrimination cases.
Proving national origin discrimination in the workplace can be difficult. First, you must show that you’re a protected class. Then, you must demonstrate that you experienced some sort of adverse action that coworkers of other backgrounds were not subjected to. This is where evidence becomes essential. Clear communications using inflammatory language or explicitly connecting your treatment to your nationality can prove discrimination.
However, it is rarely that simple. Often, you must establish a pattern of mistreatment severe or pervasive enough to create a hostile work environment. You can show that the company historically doesn’t promote persons of specific nationalities. You can prove that supervisors only invite employees from certain backgrounds to meetings. However you do it, it’s important to highlight that the company has a history of treating employees unfairly due to their national origin. A Chula Vista national origin discrimination attorney can help you collect the necessary evidence.
Why Choose Jimenez Loayza, APC?
National origin discrimination laws can be difficult to navigate, and you want knowledgeable attorneys with experience in trying all kinds of employment law cases, especially representing clients on both sides of the process. A lot of firms say they fight for their clients, even if the case goes to trial, but few back it up. From the moment we take your case, we prepare as if a court date is already set. That gives us the power to enter negotiations with confidence, knowing we don’t have to settle for less than you deserve.
FAQs
Can You Discriminate Based on Nationality?
No, you cannot discriminate based on a person’s nationality. Federally, this is prohibited under various laws, including Title VII of the Civil Rights Act. In Chula Vista, California, the Fair Employment and Housing Act provides workers with similar protections. These laws prevent workplace discrimination based on nationality, ethnicity, accent, birthplace, or even the perception of these traits. If your employer might be violating these laws, speak with an experienced attorney.
What Is an Example of National Origin Harassment?
One example of national origin harassment is mocking the accent of a coworker. Even as a joke, this harassing behavior is a form of discrimination that is explicitly illegal under various state and federal laws. When it happens, companies open themselves up to all sorts of liability when they fail to address this kind of behavior in the workplace. Be sure to document incidents of mocking and report them to your company’s human resources department.
What Are the Categories of National Origin Discrimination?
The categories of national discrimination include unfair or unequal treatment of an employee due to their birthplace, ancestry, language, accent, culture, or ethnicity. This is true even of perceived origin, where a person mistakes an employee’s national origin and discriminates against them based on that mistake. Similarly, employers cannot discriminate based on a worker’s association with another national origin, for example, via marriage.
Can I Be Fired for Speaking a Language Other Than English at Work?
Generally, you cannot be fired for speaking a language other than English at work. California’s Fair Employment and Housing Act prevents discrimination based on a person’s language, and the state typically does not allow blanket “English only” policies in the workplace. There are very specific circumstances that allow these policies based on a business’s necessities, but these exceptions are rare. Keep in mind, these protections do not prevent a firing for offensive or insubordinate statements in another language.
Hire a National Origin Discrimination Lawyer
You should be judged on your performance at work, not where you come from. If your employer is targeting you based on your nationality, hire a national origin discrimination lawyer to protect your rights and fight for compensation for your losses. An attorney can review your case, guide you on your options, and assist you with every step of the process.
Reach out to Jimenez Loayza, APC, today to discuss your case in a consultation. We can help you file a claim with the state’s Civil Rights Department or the Equal Employment Opportunity Commission. Whether representing you in settlement negotiations or the San Diego Superior Court, you can trust us to be your allies throughout your national origin discrimination case.
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