National origin discrimination occurs when an individual is treated unfairly in the workplace because of their country of origin, ethnicity, ancestry, or cultural background. This form of discrimination can also include unfair treatment based on an individual's accent, language skills, or perceived ethnic background. Additionally, it extends to situations where an individual is discriminated against due to their association with someone from a specific national origin, such as a family member or spouse.

What is National Origin Discrimination?

• National origin discrimination occurs when an employee or job applicant faces unfavorable treatment because of their:
  • Country of origin: Whether born in another country or having heritage linked to a particular region.
  • Ethnicity: Stereotypes or biases related to an individual's ethnic group or cultural background.
  • Accent or language: Discrimination based on how someone speaks, including their accent or fluency in English.
  • Association: Unfair treatment due to a relationship or affiliation with individuals of a specific national origin.

Examples of National Origin Discrimination in the Workplace

• Biased hiring practices: Employers may exclude or overlook applicants from specific ethnic backgrounds or national origins, favoring candidates from more familiar or socially accepted groups. This can lead to a lack of diversity in the workplace and deny qualified individuals opportunities solely based on bias.
• Segregation at work: Some employers may segregate workers based on their national origin, assigning them less desirable tasks or isolating them in certain departments. For instance, employees from a particular ethnic background may be disproportionately assigned to manual labor or non-customer-facing roles, while others enjoy more prominent positions.
• Harassment and discriminatory comments: Individuals from different national origins may be subjected to offensive jokes, slurs, or derogatory remarks about their ethnicity, accent, or cultural traditions. This kind of behavior creates a hostile work environment and contributes to an atmosphere of exclusion and disrespect.
• Unequal opportunities: Employees of certain national origins may face barriers to career advancement, such as being denied promotions, pay raises, or professional development opportunities. Stereotypes and biases may lead employers to assume that individuals from certain backgrounds are less capable or less suited for leadership roles, preventing them from achieving their full potential.

Legal Protections Against National Origin Discrimination

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is one of the most important pieces of legislation protecting workers from discrimination. Under Title VII, it is illegal for employers to discriminate against employees or job applicants based on their national origin. This includes any unfavorable treatment in:

• Hiring: Employers cannot refuse to hire someone based on their ethnicity, country of origin, or accent.
• Firing: Termination decisions cannot be based on national origin.
• Wages: Discrimination in pay or benefits based on national origin is prohibited.
• Promotions: Employers must offer equal opportunities for advancement to all employees, regardless of national origin.

Title VII protects employees from both direct discrimination, such as making employment decisions based on nationality, and from indirect discrimination, such as creating hostile work environments through harassment or biased policies. Under this law, it is also illegal to retaliate against someone who reports national origin discrimination or participates in an investigation.

Michigan Elliott-Larsen Civil Rights Act

The Michigan Elliott-Larsen Civil Rights Act (ELCRA) complements federal protections and provides additional legal safeguards for employees in Michigan. Like Title VII, this state law prohibits discrimination based on national origin in all areas of employment, including hiring, firing, compensation, and promotions. ELCRA also applies to practices like job assignments, training opportunities, and other employment terms and conditions.

ELCRA expands protection within the state, making it easier for Michigan employees to pursue claims of discrimination. Under this act, employees are empowered to file complaints with the Michigan Department of Civil Rights (MDCR), and they can seek remedies such as back pay, job reinstatement, and compensation for emotional distress caused by discriminatory practices.

Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII and ensuring that employers comply with federal anti-discrimination laws. Employees who believe they have been subjected to national origin discrimination can file a complaint with the EEOC. The EEOC investigates claims, negotiates settlements, and, if necessary, brings legal action against employers who violate the law.

The process for filing a complaint typically involves the following steps:

1. Filing a Charge: Employees can file a charge of discrimination with the EEOC or MDCR within 180 to 300 days of the discriminatory act.
2. Investigation: The EEOC will investigate the claim, gather evidence, and determine whether discrimination likely occurred.
3. Mediation or Litigation: If the EEOC finds evidence of discrimination, it may attempt to mediate a resolution or file a lawsuit on behalf of the employee.

Filing with the Michigan Department of Civil Rights (MDCR) offers a state-level alternative, and both agencies can work together to investigate claims and resolve cases.

Common Challenges Faced by Individuals of Different National Origins

Stereotyping and Cultural Bias

One of the most common challenges faced by individuals of different national origins is stereotyping. Stereotypes about certain nationalities or ethnic groups can lead to unfair assumptions about a person’s capabilities, work ethic, or reliability. For example, individuals from specific regions may be stereotyped as either overly aggressive or passive, leading to discriminatory treatment in hiring, promotions, or daily interactions at work.

Cultural bias can also manifest through subtle forms of discrimination, such as favoring employees who fit the cultural norms of the majority. This can result in individuals from minority ethnic backgrounds being overlooked for leadership roles or important projects, regardless of their qualifications.

Language barriers and accents further contribute to these challenges. Many employees who speak English as a second language, or who have noticeable accents, may face discrimination because of assumptions about their intelligence or competency. Employers or colleagues may incorrectly equate a strong accent with a lack of proficiency, undermining the individual’s ability to advance in their career. This can lead to fewer opportunities for professional development or even direct discrimination in job assignments.

Harassment and Hostile Work Environments

National origin discrimination often manifests in the form of harassment. Harassment can include derogatory comments, slurs, or offensive jokes about an individual’s ethnicity, accent, or cultural background. For instance, workers might be ridiculed for their accent, traditional clothing, or dietary preferences, creating an uncomfortable and hostile work environment.

The legal threshold for harassment occurs when these actions become severe or pervasive enough to create an intimidating, hostile, or abusive work environment. Isolated comments, while inappropriate, may not meet this threshold. However, repeated incidents, especially when directed at an individual’s national origin, can form the basis of a hostile work environment claim. Employers are legally obligated to address and eliminate such behavior once it is reported. Failure to do so can lead to legal consequences for fostering an environment that violates anti-discrimination laws.

Retaliation for Reporting Discrimination

Many employees fear retaliation when they consider reporting national origin discrimination or harassment. Retaliation can include negative consequences like demotion, termination, poor performance reviews, or exclusion from projects after an employee has made a complaint or participated in an investigation. This fear can deter individuals from coming forward, allowing discriminatory practices to persist.

Under federal and Michigan law, employees are protected from retaliation for reporting discrimination. The Equal Employment Opportunity Commission (EEOC) and Michigan Department of Civil Rights (MDCR) ensure that workers who report discrimination, harassment, or any other unlawful workplace practices are protected from any form of punishment. Employers who retaliate against employees for filing complaints or participating in investigations can face legal consequences, including lawsuits and penalties.

How Employers Can Prevent National Origin Discrimination

Implementing Anti-Discrimination Policies

One of the most important steps employers can take is to develop and enforce comprehensive anti-discrimination policies. These policies should explicitly prohibit any form of bias or unfavorable treatment based on national origin. A well-written policy not only establishes clear expectations for behavior but also demonstrates the company's commitment to diversity and inclusion.

Effective anti-discrimination policies should include:

• Clear guidelines for reporting discrimination: Employees must feel comfortable reporting incidents without fear of retaliation. A formal reporting process ensures that complaints are handled consistently and fairly.
• Steps for investigating complaints: Employers must outline a transparent process for investigating claims of discrimination. This may involve assigning an independent investigator or HR representative to handle complaints discreetly and thoroughly.
• Consequences for discriminatory behavior: The policy should clearly state the repercussions for employees found guilty of discrimination, including potential termination or disciplinary action. Ensuring consequences are enforced helps set a standard for acceptable behavior in the workplace.

Cultural Competency Training

Cultural competency training is essential for reducing unconscious bias and fostering respect for different nationalities and ethnic backgrounds. Many forms of discrimination arise from a lack of understanding or exposure to diverse cultures, and training can help employees and management recognize and challenge these biases.

Effective training programs should cover:

• Unconscious bias: Employees often hold stereotypes about national origin that can affect their behavior without them realizing it. Training helps individuals identify and address these biases, fostering a more inclusive environment.
• Respect for cultural differences: Emphasizing the value of diversity, training sessions should teach employees about different cultural practices, traditions, and communication styles. This can help prevent misunderstandings that may otherwise lead to discrimination.
• Legal implications: Employees should understand the laws regarding national origin discrimination and the potential consequences for engaging in discriminatory practices. This reinforces the importance of adhering to company policies and treating all colleagues fairly.

Fair Hiring and Promotion Practices

To prevent national origin discrimination in hiring and promotion decisions, employers should adopt fair and transparent processes that focus on skills and qualifications rather than an applicant's or employee’s ethnicity or cultural background.

Best practices for fair hiring and promotion include:

• Skills-based recruitment: Employers should focus on the skills, qualifications, and experience of candidates when making hiring decisions, ensuring that national origin or cultural differences play no role in the selection process. Blind recruitment methods, where names and other identifying details are removed from resumes, can also help reduce bias.
• Standardized interview questions: Using consistent interview questions for all candidates helps minimize the potential for discriminatory practices, ensuring that all applicants are evaluated fairly.
• Transparent promotion criteria: Clearly defining the criteria for promotions and applying them consistently across all employees ensures equal opportunity for advancement. Employers should communicate promotion pathways and offer development programs that provide equal access to mentorship and leadership training.

Standing Up Against National Origin Discrimination

If you have experienced national origin discrimination or harassment in the workplace, it is important to understand your rights and take action. Discrimination based on ethnicity, accent, or cultural background not only violates the law but can have a lasting impact on your career and well-being. Seeking legal guidance is the first step toward holding employers accountable and ensuring fair treatment.

If you or someone you know has been subjected to national origin discrimination, Marko Law is here to help. Contact us today for a free case evaluation, and let our team of skilled attorneys fight for the justice and fair treatment you deserve.

Contact Information:

Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
Website: www.markolaw.com