National Origin Discrimination

Discrimination based on national origin is prohibited in each and every aspect of the workplace, including hiring, compensation, training, discipline, promoting, and firing under both federal and state laws. Discrimination can be based on physical characteristics that is often times related to that particular national origin, including, cultural stereotypes. It is illegal for an employer to intentionally and purposefully target an applicant or employee of a particular place of origin and treats them different because of their cultural norms. An employer can also be liable for discrimination when the employer adopts a policy that although seems neutral on its face, has an unfair or negative affect on persons of a particular national origin.

Examples of national origin discrimination can be found where an employer promotes only employees of a certain origin to managerial or supervisory positions, targets an employee of a particular origin, provides unfair treatment, pays certain employees more than other employees, gives different benefits, trains and provides opportunities to certain employees over others based on national origin, and assigns preferential job duties or scheduling based on national origin. It is illegal for employers to apply a company policy that appears to be natural, when in reality affect applicants or employees of a particular national origin more unfairly than others. In applying the policy, employers can defend against national origin discrimination claims by demonstrating that there was a valid and legitimate job-related purpose for applying the policy.

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It is imperative that you contact our office immediately if you believe you have a discrimination claim. There are strict deadlines that must be met when filing a discrimination lawsuit. For example under California law, employees must file with the Department of Fair Employment and Housing (DFEH) within one year of the discriminatory conduct. If you fail to do so, your claims may be time barred. If you believe you have fallen victim to discrimination, please contact Lim Law Group for a free case evaluation.