How to File National Discrimination Case?

origin discrimination

Many California employers consider themselves as equal opportunity employers. Pursuant to the prevailing federal and state employment laws, these employers are prohibited from discriminating against individuals in any aspect of employment based on several characteristics. Given how the State of California is regarded for its diversity in terms of race and national origin, it is imperative for such entities to provide individuals belonging to a certain race or ethnicity, or simply being a citizen of a foreign country, equal rights that other workers who are born and raised in the United States obtain within the realm of employment. Unfortunately, there are still instances wherein discrimination and harassment on account of one’s nationality and everything in relation to it continue to occur in numerous workplaces across the state.

Such is the national origin discrimination in California, also known as discrimination based on one’s nationality. Simply put, it involves treating these individuals differently because of their countries of birth, their ancestry or ethnicity, or their cultures and customs. It usually involves making adverse employment decisions towards employees or applicants based on characteristics that are closely associated with their nationality or nation of origin. Like any other form of discrimination in the workplace, it is prohibited under the federal Title VII of the Civil Rights Act of 1964, as well as the California Fair Employment and Housing Act (FEHA).

Indeed, it is against the law to discriminate, harass, or retaliate against someone in the workplace due to his or her marriage to an individual of a certain nationality; his or her membership with a group that focuses on ethnic relations; his or her involvement in certain educational and religious institutions that are often associated with a certain nationality; or his or her family name being associated with a nationality. Instances in the workplace that are considered to be unlawful nationality discrimination in California include the following:

  • Mexicans getting paid less than other non-Mexicans in the workplace
  • Individuals are harassed because their surnames are Hispanic- or Arabic-sounding
  • Individuals denied of employment due to heavily accented English
  • Individuals denied of employment or promotions due to their cultural traits such as wearing traditional dresses
  • Employers deciding to single out employees of a specific national origin by enforcing a strict English-only policy on them but not on the majority of employees of different nations of origin.

Meanwhile, if you are an employee in California but is born outside of the US and you think you are being discriminated or harassed against because of your nationality, then you may have a reason to establish a discrimination claim or lawsuit against your employer. Before you could assert your rights against the inconsiderate actions of your immediate superior, one of the first things you should do is complain about the incidents you were involved in through your company’s human resources department or through anyone in your company who is in-charge with handling such issues. Filing a complaint will allow the company to look into your concern and be able to address it head-on.

In the event your employer failed to address your complaint, the next thing you should do is to file an administrative charge, either with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Either of the two agencies investigates cases of discrimination like yours, but more often than not, you may instead be afforded a notice of right to sue, which obviously gives you the ability to sue your employer through a lawsuit. In this regard, you need to obtain the legal services of a Los Angeles national origin discrimination attorney. Doing so will help you achieve the best results you deserve, which is compensation you deserve to pay off the damages you incurred because of the actions of your employer.

With your nationality discrimination lawyer in Los Angeles pursuing your interests, you get to build a strong case against your employer by gathering important pieces of evidence, from documents to witnesses’ statements. More importantly, your legal counsel can assist you during out-of-court settlements with the employer or, if necessary, during the trial phase of your lawsuit.

It is truly uncomfortable knowing that there are still situations wherein a lot of employees who are supposedly protected against nationality discrimination are being ridiculed or singled out in employment because they are of a certain nation of origin. Indeed, standing up against the unlawful actions of your employer is important, and you can do so by putting into action a lawsuit that can be successfully won in your favor with the assistance of a lawyer for discrimination in California.

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