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Regardless of the ancestry of an employee or job applicant, all applicants are entitled to the same employment opportunities as anyone else. National origin discrimination means treating someone less favorably because that person comes from a particular place, because of a specific ethnicity or accent, or because it is believed that the person has a particular ethnic background. National origin discrimination also includes treating someone less favorably at work because of marriage to — or other association with — someone of a particular nationality.
Scope
Title VII and the other anti-discrimination laws prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization. The Equal Employment Opportunity Commission (EEOC) enforces the federal prohibition against national origin discrimination in employment under Title VII of the Civil Rights Act, which covers employers with 15 or more employees.
Regulatory citations
- 29 CFR 1607 — Uniform Guidelines on Employee Selection Procedures.
Key definitions
- None
Summary of requirements
An employer is responsible for acts of harassment in the workplace where the employer knew or should have known of the conduct, unless the employer took immediate and appropriate corrective action. An employer may also be responsible for the acts of non-employees. The EEOC will consider the extent of the employer’s control and any other legal responsibility regarding the conduct of non-employees.
Examples of violations covered under Title VII include:
- Any employment decision, including recruitment, hiring, and firing or layoffs, based on national origin.
- Offensive conduct, such as ethnic slurs, that creates a hostile work environment based on national origin. Employers are required to take appropriate steps to prevent and correct unlawful harassment. One appropriate step is training employees, including supervisors and managers, about national origin discrimination and the organization’s policies on the subject (including the consequences for violating the policies). Likewise, employees are responsible for reporting harassment at an early stage to prevent its escalation.
- Employment decisions based on language:
- An employer may not base a decision on an employee’s foreign accent unless the accent materially interferes with job performance.
- A fluency requirement is only permissible if required for the effective performance of the position for which it is imposed.
- English-only rules must be adopted for nondiscriminatory reasons. An English-only rule may be used if it is needed to promote the safe or efficient operation of the employer’s business.
When investigating an employer’s selection procedures on the basis of national origin, the EEOC will apply the Uniform Guidelines on Employee Selection Procedures, 29 CFR 1607, which include recordkeeping requirements.