Laws That Protect Against Discrimination – Have you experienced national discrimination at work? Discrimination against a job applicant or employee because of their national origin or ethnicity is illegal.
Our guide takes you through your rights under discrimination laws and how to report national workplace discrimination. If you have experienced national discrimination at work, a lawyer can help.
Laws That Protect Against Discrimination
Contact New York discrimination attorney Charles Joseph for a free consultation to protect your rights. The Charles Joseph Company has raised more than $140 million for clients. Contact us today for a free private consultation.
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National origin discrimination means treating an applicant or employee unfairly because of the person’s country, world region or place of origin or his or her ancestry. It can also mean targeting someone because of their accent.
Treating someone differently because they are married to or related to people of a particular family, race or nationality can also be discrimination based on national origin.
Employers cannot make employment decisions based on your national origin, citizenship status or accent, rather than your skills or how well you perform your job. This includes decisions about hiring, firing, disciplining, benefit sharing, promotion, compensation, job training or any other employment situation.
In many cases, it is still illegal for employers not to offer a job because a job applicant is not a US citizen, as long as the applicant is legally authorized to work in the United States.
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New Yorkers are protected from national origin discrimination by employers under Title VII of the Civil Rights Act of 1964, the Immigration Reform and Control Act of 1986 (IRCA), the New York State Human Rights Act (NYSHRL) and the New York City Bill of Rights (CHRL).
The law does not only protect “working people”. After October 11, 2019, New York State discrimination laws expanded to cover non-employees such as domestic workers, independent contractors, consultants, vendors, subcontractors, and people who provide services under a contract when the employer knows or should have known the work. discrimination happens.
If you believe you have been the victim of unlawful discrimination, you are protected by New York federal, state, and city laws.
Making employment decisions, including hiring and firing, based on national origin or stereotyping certain national origin groups is against the law. This includes poor job decisions because someone is married or related to a family member.
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National origin discrimination laws also protect employees from receiving promotions based on place of birth, family, or presumptions of national origin.
The law protects you from differences in any type of compensation, including salary, overtime pay, bonuses, stock options, profit sharing, life insurance, and vacation or leave pay based on your country of origin or citizenship status.
The law prohibits employment decisions based on myths and assumptions about the abilities and actions of individuals from certain regions of the world. Employers cannot treat you unfairly because of personal characteristics associated with a particular family, including hair color, skin tone, or facial features.
Protected actions or characteristics may also include dress code, manners, or speech, as long as the action or characteristic does not physically interfere with the ability to perform job duties.
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Employers cannot justify discriminatory employment decisions with business concerns such as the impact on employee relations or the negative attitude of clients or customers.
If your employer separates a certain group of employees from other employees or customers based on national origin, that behavior may be discriminatory.
It is illegal to exclude people from certain positions or to allocate employees or jobs so that certain jobs are usually filled by people from a certain family.
Apparently neutral employment policies can be discriminatory if they disproportionately harm workers from certain national groups if the policy is unrelated to employment.
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You do not need to be a member of a protected group to be a victim of discrimination on a national basis.
It is against the law to discriminate against someone because they are associated with someone from a particular national group.
National discrimination can occur when the victim and the person who discriminates are from the same background.
You may be a victim of national-based discrimination even when there is no employment decision if national-based discrimination has created a hostile work environment.
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New York has a lower standard for hostile conduct than federal or state law. Only unacceptable or egregious conduct meets the threshold for a hostile workplace under federal and state law.
Under federal law, if comments or actions are not offensive in nature, they are offensive only if they occur frequently enough to create a hostile, hostile, or offensive work environment. However, an incident such as physical assault or threats of physical assault can be threatening and abusive and can rise to the level of assault.
New York State recently lowered its standard because after October 11, 2019, the racist attack was no longer required to be severe or widespread.
It is unfair for the target of hostile comments to be the victim of a hostile work environment. You can be a victim even if you are not the target of the offending behavior – and even if you are not a member of the targeted national origin group.
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It’s unfortunate that only your boss can create a hostile work environment. Employers have a responsibility to prevent national discrimination.
While employers are generally responsible for the conduct of the inspector, they are also responsible for the conduct of employees who are not in a position of authority over the victim if there are complaints against the perpetrator or the perpetrator has committed acts against others. If the company knows or should have known about the discrimination, it can be held liable.
A partner, a manager in another area of the company, or even a non-employee such as a salesperson can be the perpetrator of discrimination.
Discrimination can happen in any workplace. If you believe you are the victim of discrimination or a hostile work environment, there are several steps you can take right away.
Federal Laws That Protect Employees
If you complain about discrimination on the basis of national origin, it is illegal for your employer to take any action against you.
It is illegal for employers to retaliate against applicants or employees who complain of workplace discrimination, file a complaint with the Equal Employment Opportunity Commission (EEOC) or any state or city agency, or participate – including as a witness – in ongoing discrimination in employment, such as an investigation or case of national discrimination.
As long as you have a good faith and reasonable belief that discrimination or harassment has occurred, your employer cannot take any action against you for speaking out or participating in an investigation or proceeding. It doesn’t matter if the company or the court decides that there is no discrimination.
If you choose to file a discrimination claim on a national basis, you have several options. You can file a complaint with the US Equal Employment Opportunity Commission (EEOC), which handles violations of federal law. The New York State Department of Human Rights oversees violations of the NYSHRL, and the New York City Commission on Human Rights is responsible for violations of the CHRL.
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If your claim falls under multiple laws – which is often the case – the three agencies have what’s called a “service sharing agreement” which means they work together to process your claims. You don’t need to file a claim with each company. You just need to indicate that you want your request to be “submitted” to other companies.
Learn how to file a discrimination claim, how to file a complaint with the EEOC, or contact a New York discrimination attorney for help filing national discrimination lawsuits.
During a nationally initiated discrimination investigation, the court can order damages, back payments and fines for the person who suffered the discrimination. New York discrimination attorneys can file national discrimination lawsuits to recover money.
National discrimination attorneys can advise you on when to file a lawsuit, the strongest evidence, and potential damages. Contact nationally recognized discrimination attorney Charles Joseph for a free consultation. Not all unfair treatment is against the law. In the employment context, for example, courts have held that they are not “superior” sections designed to weigh every employment decision.
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, Johnson vs. Weld County (10th Circuit 2010); Chapman v. AI Transp. (11. 2000). Instead, civil rights laws only prohibit actions that occur because a person is a member of a protected class. Congress has extended protections to specific groups that have historically faced difficulties in finding employment, housing, and other public facilities.
Under federal law, employers cannot discriminate on the basis of race, color, national origin, religion, sex, age, or disability. However, the law is not a blanket ban on employers considering people to be members of one of these groups in all circumstances. For example, employers may consider protected class membership when making employment decisions if there is a business need to do so or if protected class membership is a bona fide professional qualification. There are also certain criteria that must be met to be a member of a protected class, such as being a qualified employee.
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