National City National Origin Discrimination Attorney
Workers in California are protected against discrimination by various state and federal laws, including Title VII of the Civil Rights Act and the Fair Employment and Housing Act. While these acts are in place to prevent discrimination based on a person’s nationality, that doesn’t always keep employers from violating these laws. A National City national origin discrimination lawyer can guide employees who are facing discrimination in the workplace. Jimenez Loayza, APC, can pursue compensation for their losses.
California Laws on National Origin Discrimination
In California, workers are protected from discrimination by the Fair Employment and Housing Act, which is enforced by the Civil Rights Department. This law prohibits discrimination in the workplace based on nationality, ethnicity, race, language, accent, and ancestry. Similarly, employees have protections under Title VII of the Civil Rights Act of 1964. For federal violations, employees can file reports with the Equal Employment Opportunity Commission within 180 days of the incident.
Proving National Origin Discrimination in the Workplace
In 2022, 9.1% of the complaints filed with the Equal Employment Opportunity Commission from California were for national origin discrimination. That’s a pretty significant number, and it highlights the importance of succeeding in these claims. To win a national origin discrimination case, you need strong evidence. Evidence that can prove national origin discrimination includes:
- Verbal comments
- Emails
- Written notes or memos
- Comparative treatment of other employees
- Inconsistent salary levels or promotion opportunities
- Suspicious timing of disciplinary action
- Inconsistent enforcement of company policies
For example, understanding when offensive jokes become illegal harassment can turn a painful experience into strong evidence for your claim.
Compensation for Workplace Discrimination
When an employer discriminates against a worker based on their national origin, the law allows those employees to pursue compensation to be made whole again. If you’ve been the victim of national origin discrimination, you could be entitled to compensation, including the following types:
- Economic damages can involve back pay for time missed from work, front pay for future lost wages, and lost benefits.
- Non-economic damages encompass emotional distress, damage to your reputation, and pain and suffering.
- Punitive damages is compensation meant to discourage similar behavior in the future.
The compensation you could recover is dependent on the severity and duration of the discrimination, including whether it created a hostile work environment, the size of your employer, and the strength of your evidence. Speak to a National City national origin discrimination attorney to learn how much your case could be worth.
How a National Origin Discrimination Attorney Can Help
While you aren’t legally mandated to have an attorney, you’d be wise to hire one. National origin discrimination cases are difficult to navigate, but you don’t have to do it alone. An experienced National City employment law attorney can:
- Help you collect evidence of the discrimination.
- File a report with the Equal Employment Opportunity Commission or the Civil Rights Department.
- Advocate for you if the company attempts to protect you from illegal retaliation for speaking up.
- Negotiate a fair settlement.
- Represent you in the San Diego County Court if necessary.
With 33.3% of the California workforce being made up of immigrants, it’s important that workers know they have options should they suffer discrimination. An experienced and knowledgeable national origin discrimination attorney can provide the guidance you need.
About Jimenez Loayza, APC
Our founding attorneys, Marisol Jimenez and Francisco Loayza, come from opposite ends of the employment law spectrum. Marisol has defended employees’ rights for her entire career, while Francisco has a history of representing employers, from small businesses to Fortune 500 companies. This gives us unique insight. Not only do we know successful strategies for representing workers, but we also know the tactics companies use to avoid liability.
We know the state’s national origin discrimination laws, and we can put our knowledge to work for you. When we take on a case, we prepare as if we’re going right to trial. This allows us to be aggressive in negotiations, working to secure the compensation our clients deserve.
FAQs
Is It Illegal to Discriminate Based on Immigration Status?
Yes, it is illegal to discriminate based on immigration status in California. On the federal level, employees have protections under Title VII of the Civil Rights Act of 1964 and the Immigration and Nationality Act, which prohibit discrimination based on a person’s immigration status. In California, the Fair Employment and Housing Act and Labor Code Section 1171.5 extend similar protections, which prevent employers from discriminating based on immigration status.
Can You Discriminate Based on Country of Origin?
No, you cannot discriminate based on an employee’s country of origin. National origin discrimination is prohibited federally by Title VII of the Civil Rights Act and statewide by the FEHA. These laws prohibit employers from unfairly or unequally targeting or punishing workers based on their nationality, ethnicity, language, culture, or ancestry. Knowing which laws pertain to your case is essential for properly pursuing legal remedies.
Can You Reject a Candidate Due to Their Location of Birth?
No, you cannot reject a candidate due to their location of birth. Federal and state laws explicitly prohibit employers from engaging in this behavior in the hiring process. These laws prevent employers from making hiring decisions based on a candidate’s ethnicity, nationality, ancestry, language, or accent, rather than their qualifications to perform the job.
Who Can File a National Origin Discrimination Complaint?
Employees, applicants, and former employees all have the right to file a national origin discrimination complaint, so long as they have valid grounds to do so. If an employer discriminates against you in National City, California based on your nationality, ethnicity, or ancestry, you can report their actions to the state Civil Rights Department or the Equal Employment Opportunity Commission.
Hire a National Origin Discrimination Lawyer
Don’t let your employer get away with mistreating you just because of your nationality. Hire a national origin discrimination lawyer to help you fight back against mistreatment and pursue the compensation you deserve. An attorney can investigate your case, collect evidence, and represent you throughout the litigation process. You should be judged based on your ability to do the job, not where you were born.
If you’ve been the victim of workplace discrimination, contact the team at Jimenez Loayza, APC, to schedule a consultation. We can discuss your case, explain your options, help you file a report with the CRD or EEOC, and create a strategy for pursuing the remedies you’re entitled to.
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