National Origin Discrimination

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Whether an employee or job applicant's national origin is Cuban, Haitian, Mexican, or any other nationality, the employee is entitled to the same employment opportunities as other employees from different national origins.

National origin discrimination means treating an employee less favorably from other employees because the employee:

• Comes from a particular place
• Has a particular ethnic background
• Is married to someone of a particular national origin

What do the Laws Prohibit?

State and federal laws prohibit any employment decision such as hiring and firing based on national origin. Also, the law prohibits ethnic slurs that may create a hostile work environment based on national origin. An employer may not base a decision on an employee's foreign accent unless the accent materially interferes with job performance.

A fluency requirement in a particular language is permissible if required for the effective performance of the position for which it is imposed. If an employer implements a rule to use only the English language at work, the rule must be adopted for nondiscriminatory reasons such as promoting a safe or efficient operation.

If I Filed a Claim Can My Employer Retaliate?

An employer cannot retaliate against an individual for opposing employment practices that discriminate based on national origin (filing a discrimination charge, testifying, or participating in any way in a proceeding claiming National Origin discrimination). (Participation means taking part in an employment discrimination proceeding. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid).

If you have any questions about discrimination based on national origin, call our Miami employment lawyers at Remer, Georges-Pierre & Hoogerwoerd, PLLC for a consultation. We can be reached at 305.416.5000 or you can fill out our online request form.