National Origin Discrimination

Discrimination on the basis of a person's nationality is different from race or religious discrimination, although sometimes there is overlap in the motives or bases for discrimination. The federal Civil Rights Acts prohibit national origin discrimination in employment, government services, and public accommodations. An employer violates the law by refusing to hire Irish people or Chinese people, for example. Employment rules or practices that have a disparate impact on one nationality also may constitute national origin discrimination. Demoting or firing a person with a foreign language accent is also discriminatory. Whether an employer's requirement that all employees speak only English is national origin discrimination has been the focus of judicial interpretation, sometimes with seemingly contradictory results.

As with other categories of illegal discrimination, many states have enacted laws that make national origin discrimination illegal in areas other than employment. Landlords in these states may not refuse to rent to a person based on his or her nationality. Similarly, a mortgage lender may not refuse financing to a person solely on the basis of the person's national origin.

Closely related to national origin discrimination is discrimination based on alienage. The Immigration Reform and Control Act bars any employer with more than three employees from discriminating against a United States citizen, or an "intended citizen" (such as one who may work legally but is not yet a citizen) on the basis of his or her national origin. The law was enacted at the same time that the government strengthened its penalties against employers who hire illegal aliens and was intended to prevent employers from overreacting to the new laws by refusing to hire anyone who appears foreign.

Form: Documents to Show Your Attorney When You Have Suffered Discrimination

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Documents to Show Your Attorney When You Have Suffered Discrimination

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