Some Important Guidelines Regarding National Origin Discrimination

The Equal Employment Opportunity Commission (EEOC) broadly defines national origin discrimination as including, but not limited to, the denial of equal employment opportunity because of an individual's place of origin, or because an individual has the physical, cultural, or linguistic characteristics of a national origin group.

The Commission will examine, with particular concern, denied opportunity for reasons that are grounded in national origin considerations such as:

• marriage to, or association with, persons of a national origin group;
• membership in or association with an organization identified with, or seeking to promote the interests of national origin groups;
• attendance or participation in schools, churches, temples, or mosques generally used by persons of a national origin group; or
• because an individual's name or spouse's name is associated with a nation origin group.

The "speak English only" rule: The Commission will presume that a rule requiring employees to speak only English at all times in the workplace may violate Title VII as a burdensome term and condition of employment. Requiring employees to speak only in English at certain times would not be discriminatory if the employer shows that the rule is justified by business necessity.

Accent: The Commission has determined that an employer must show a legitimate non-discriminatory reason for the denial of employment opportunity because of an individual's accent or manner of speaking. Requirements that employeees or applicants be fluent in English may also violate Title VII.

Harassment: The Commission has consistently held that harassment on the basis of national origin is a violation of Title VII. It holds that an employer has an affirmative duty to maintain a working environment free of harassment on the basis of national origin.

For more in-depth information on this subject, we suggest you visit the EEOC website regarding Title VII National Origin Discrimination. To do so, please click here.

Comments

[California Attorney]

Thanks for sharing it. Valuable post for employees.