- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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What is Discrimination in the Workplace?
Discrimination at the workplace occurs when your employer treats you unfairly and differently from other employees.
Discriminatory Behavior On The Job
- Forcing you to work under harsh working conditions
- Demotions
- Creating reasons to write you up
- Denying you promotions
- Denying your pay increases
- Lowering your hours
- Failing to promote you
- Excluding you from company educational events
- Making you the butt of jokes
Examples Of National Origin Discrimination
National Origin Discrimination is among the most common forms mostly because it is often tied to race which is the predominant form of unlawful discrimination.
National Origin
National origin discrimination occurs if an employee is mistreated because of the country the employee came from or because of the employee’s ancestry. For example, if an employer decides not to hire a job candidate because the candidate’s parents were born in India. This is unlawful discrimination based on national origin, even though the candidate might be a native-born American.
It also would be national origin discrimination if the employer fired an employee after learning that the employee’s family came from Nicaragua. Although national origin discrimination is often related to race, it is not necessarily the same thing.
Foreign Accents
Generally, the employer may not treat a worker differently because of a foreign accent. This is a form of national origin discrimination – unless the worker’s accent gets in the way of performing their assigned job duties.
For example, if the employee must have clear and concise English communication skills to get a promotion in customer service, the employer may choose to pass the employee over for promotion if their accent interferes with being understood by customers.
On the other hand, if the worker can show that his accent did not significantly affect his ability to communicate with customers or coworkers, then, refusal to promote the employee might be found to be national origin discrimination.
Requiring Employees To Speak Only English
Employers may require employees to speak only English at work where necessary for safe and efficient job performance. But such a requirement might be viewed as national origin discrimination if it is not reasonably related to the needs of the job.
American Citizenship
National Origin discrimination does not include discrimination based solely on one’s citizenship. Therefore, an employer could refuse to hire someone who is not a U.S. citizen – unless that employer does so based on the applicant’s national origin.
Not All Discrimination is Illegal
Discrimination is illegal if the termination is based on the employee belonging to a legally protected class of people.
Unless you have a contract with your employer that prohibits the employer from firing you except for cause, the employer is free to hire or fire anyone so long as the decision is not based on an illegal purpose.
Discriminatory Act Must Have Illegal Purpose
What Is A Protected Class?
It is illegal for an employer to discriminate against you if you belong to a “protected category” of people, including:
- Gender
- Race
- Religious Beliefs
- Sexual Orientation
- Maternity
- Age
- Disability
- National Origin
- Genetic Information
Federal Law Prohibits Unlawful Discrimination
The federal law that prohibits most workplace discrimination (including race discrimination, sex discrimination, and national origin discrimination) is called Title 7 of the Federal Civil Rights Act of 1964.
This law applies only to employers with 20 or more employees. Another federal law – the Age Discrimination in Employment Act (ADEA) – applies only to employers with at least 20 employees.
As a result, a small employer might be able to discriminate against you without violating federal law. However some state anti-discrimination laws apply to smaller employers.
Reporting Your Claim To The EEOC
The Federal agency that protects workers from workplace discrimination is the Equal Employment Opportunity Commission.
The EEOC is tasked with enforcing anti-discrimination labor and employment laws. The EEOC also investigates complaints and punishes employers who violate federal labor laws.
I Was Discriminated Against and Harassed at Work
A job discrimination and harassment complaint may be filed by mail or in person at one of their official regional offices. You can locate the closest regional EEOC office by visiting their official EEOC Website:
Filing Your EEOC Claim
To file an EEOC complaint, you will be required to provide them with the following information:
- Your name, address, and telephone number
- The name, address, and telephone number of the employer
- A brief description of the events and circumstances that you believe were unfair, discriminatory, or harassing,
- The dates each of these events occurred.
After your complaint has been received, the EEOC will investigate your claim.
How Long Do I Have To File My EEOC Claim?
The deadline for filing your complaints with the EEOC depends on where you are. In some states, it is 180 days after your employer’s last act of discrimination. In other states, it is 300 days from your employer’s last act of discrimination.
Last Act Means
The last act of discrimination means the last thing your employer did to you that you think was discriminatory.
For many people, the last act of discrimination might be their employment termination date. For others, it is the demotion, suspension, or other discriminatory treatment dates.
Some state agencies have more extended time limits. So even if you “missed the deadline” for filing a claim with the EEOC, you should check with your state’s discrimination agency to see if you can still file a claim there.
EEOC Investigation
After you file a charge, the Equal Employment Opportunity Commission conducts an investigation. It begins by sending your employer a notice saying you have complained of discrimination and asking for a response. After the EEOC receives your employer’s response, it may decide to interview witnesses and subpoena documents from your employer.
EEOC Settlement Remedies Limited
Many different types of remedies might be included in your settlement. For example, the compensation could include reinstatement to your former job if you were fired, “back pay” for the time you were away from work, discrimination prevention training for the employer or its employees, or even a requirement that your former employer provides you with a letter of recommendation in case you decide that you do not want to return to work for the employer.
EEOC investigative resources and the extent of damages they can obtain for you are very limited.
In almost all cases, assuming you have a strong claim against your employer, you will likely receive much more compensation if you file court action rather than settling with your employer through the EEOC settlement process.
If the case doesn’t settle, the EEOC will likely give you a “right-to-sue” letter. You may then file a lawsuit against your employer. If the EEOC decides that your employer has not broken anti-discrimination laws, it will still send you a right-to-sue letter.
If you file a lawsuit, the court might be persuaded by the EEOC’s view of your case, but you will not lose automatically just because the EEOC did not think you were discriminated against.
If you choose to litigate this matter in court, you must request a right-to-sue letter with the EEOC.
Choosing to sue will close your EEOC case, and you will be free to file a lawsuit. Again, you should consult an experienced employment lawyer as soon as possible. Filing your discrimination lawsuit after the statute of limitations expires will result in the permanent loss of your legal right to sue your employer.
If you decide to file a lawsuit, it usually takes considerable time to be resolved. Discrimination lawsuits can last 2-3 years. The case can be settled sooner if your lawyer and defense counsel agree on mediating the matter.
Mediation is a widely used form of alternative dispute resolution and is not binding in any way.
Employer Retaliation for Filing EEOC Claim Against Them
Retaliation occurs when your employer or a co-worker takes revenge against you for complaining about discrimination or harassment to the Federal EEOC or a state organization that enforces employee rights.
- Retaliation can take many forms, including:
- Demotions
- Bad work or shift assignments
- Negative evaluations
- Unfair treatment
Both Federal And States Law Strictly Pohibit Employer Retaliation
Even if you can’t prove your original complaint to the EEOC, your employer is still prohibited from retaliating against you unless you made that original complaint in bad faith.
If your employer or a co-worker retaliates against you for complaining about discrimination, you should file a new claim for retaliation with the EEOC and your state agency.
Locating An Employment Lawyer
Consider immediately consulting an Employment Lawyer online if you have other questions or concerns about discrimination or harassment in your workplace.
