National Origin Discrimination
Specializing in EEO National Origin Discrimination Complaints
Title VII prohibits agencies from discriminating against federal employees based on national origin. This means that it is illegal for agencies to treat applicants or federal employees unfavorably because they are from a particular country or part of the world, e.g., Mexico or Asia, because of their ethnicity or have a particular accent, or because they are perceived or appear to be from a particular ethnic background even if they are not from that background, e.g., it is illegal to discriminate against an employee who is mistakenly believed to be from India A federal employee cannot be denied equal employment opportunities because of that employee’s country of birth, ancestry, culture, or linguistic characteristics closely associate with an ethnic group.
Discrimination could also be in the form of a federal agency treating an employee less favorably because the employee’s spouse or someone the employee is associated with is from a certain country or part of the world. Association can include membership in specific ethnic promotion groups and attendance or participation in schools, churches, temples, or mosques generally associated with a national origin group.
Like with other protected classes, there can still be a discrimination claim even if the victim and the responsible management official who is discriminating have the exact national origin. For example, it is illegal for a manager of Japanese national origin to be tougher on an employee also of Japanese national origin as compared to non-Japanese employees.
National origin discrimination in any aspect of employment is prohibited. This includes hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and another other term or condition of employment.
Harassment Based on National Origin
Title VII prohibits harassing a person because of national origin. This can include offensive or derogatory remarks about a person’s national origin, accent, or ethnicity. Although the law does not prohibit offhand comments or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (an adverse employment decision could be the victim being demoted or fired.)
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. If the harassment is committed by someone who does not have direct authority over the employee, then the agency may only be liable if the employee complained about the harassment and the agency failed to take prompt remedial action to ensure the harassment did not reoccur.
The law makes it illegal for an employer or other covered entity to use an employment policy or practice that applies to everyone, regardless of national origin, if it hurts people of a certain national origin and is not job-related or necessary to the operation of the business.
Discrimination Based on Language or Accents
An agency may not base an employment decision on an employee’s foreign accent unless the accent seriously interferes with the employee’s job performance.
An agency can only require an employee to speak fluent English if fluency in English is necessary to perform the job effectively. An “English-only rule”, which requires employees to speak only English on the job, is only allowed if it is needed to ensure the safe or efficient operation of the employer’s business and is put in place for nondiscriminatory reasons.
Federal Employment Attorneys You Can Trust
National origin discrimination in any aspect of employment is prohibited. This includes hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and other terms or conditions of employment.
If you have experienced discrimination in the workplace, our federal employment attorneys can help.
Our Practice Focus
What Makes Us Different
From EEO complaints to adverse actions, our experienced federal employment attorneys ensure your entitlement to due process and legal representation every step of the way.
Represent government employees at all federal agencies, nationwide and overseas
Highly-skilled MSPB appeals attorneys with a proven track record
Notable success in EEO complaints and appeals
Frequently Asked Questions
Federal employees are protected from discrimination based on sex, gender, color, race, national origin, religion, age, and disability, and have the right to file an EEO complaint against their agency should they face discrimination. Federal employees also have the right to due process before being subjected to an adverse action.
Yes, federal employees can sue for discrimination, but first you must exhaust administrative remedies, which includes filing a formal complaint with your agency and letting 180 days pass. In many instances, federal employees elect to pursue their EEO complaints through the EEOC’s hearing process instead of filing a civil action.
Federal employees must initiate contact with an EEO Counselor within 45 days of any act of discrimination. After an informal complaint stage, you will be issued a Notice of Right to File a formal complaint, which will permit you 15 days to do so.
Federal employees do not have the right to sue for wrongful termination the way private sector employees do, but most federal employees have the right to appeal a removal to the MSPB, which will adjudicate whether the Agency can sustain any charges raised against you.
Yes, most federal employees can file a complaint against their agency with the U.S. Office of Special Counsel (OSC) if they are facing whistleblower retaliation. If OSC does not accept your complaint for investigation and prosecution, OSC will issue you an Individual Right of Action (IRA) notice giving you the right to pursue corrective action at the MSPB. Federal employees do not have the right to sue in court under the Whistleblower Protection Act.