National origin discrimination is based on the fact that an individual (or his or her ancestors) is from a certain place or shares the physical, cultural, or language characteristics of an ethnic group, such as Hispanics/Latinos or Arabs. An individual’s place of origin may be a country (such as Mexico), a former country (such as Yugoslavia), or a place that is closely associated with an ethnic group but is not a country (such as Kurdistan). This type of discrimination also includes treating someone less favorably at work because he or she is associated with (for example, is married to) someone of a particular national origin.
The guidelines clarify that an employer may not base an employment decision on an accent unless the ability to communicate in English is required to perform the job effectively and the accent materially interferes with performance. Employees of a certain national origin may not be segregated to work in lower-paying jobs away from public contact because of a customer preference for sales representatives of a different national origin. Individuals are protected regardless of their immigration status or authorization to work. Use of fraud, force, or coercion to exploit workers based on their national origin may violate federal discrimination laws in addition to criminal laws prohibiting human trafficking.
Employers should ensure that management stops referring to the outdated 2002 EEOC compliance manual section on the subject. For the quickest way to get up to speed on the new guidelines, visit the “user-friendly” Q&A publication and fact sheet on the EEOC website.
Visit Barran Liebman Electronic Alerts about other recent EEOC updated guidance on topics such as retaliation, EEO-1 reporting form, and employer-provided leave in accommodating a disability.
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Las Alertas electrónicas son escritas por abogados de Barran Liebman para sus clientes y amigos. Las Alertas no son proveídas como asesoramiento legal, sino solo como anuncios de leyes de empleo, leyes laborales y beneficios de empleo. Si esto ha sido remetido a usted y quisieras empezar a recibir las Alertas directamente, por favor mándanos un correo electrónico o llama a Traci Ray al 503-276-2115. Derechos de autor ©2017 por Barran Liebman LLP.