Businesses in California must avoid discrimination in hiring decisions and other aspects of employment. Professionals have protection from discrimination on the basis of their race and religion.
The law also forbids discrimination on the basis of national origin, including immigration status. Provided that a professional has the experience, educational credentials and capabilities necessary to perform job functions, their national origin should not have any significant influence on hiring decisions or their eligibility for promotions.
Unfortunately, national origin discrimination remains a common issue.
How do companies discriminate based on national origin?
There are numerous ways that companies may discriminate against immigrants. Establishing an English-only policy for workplace communications is a clear example of discrimination. If there are multiple workers who speak the same language, they should have the ability to communicate as they prefer, as long as doing so doesn’t cause safety issues.
Additionally, companies should not discriminate against workers because of accents when they speak in English. Allowing coworkers or customers to harass and mistreat professionals because of their accents, appearance or culture can lead to claims of a hostile work environment. Inappropriate jokes, ethnic slurs and social exclusion can all be part of a hostile work environment.
Employers should not consider national origin or accent when determining job responsibilities or who qualifies for a promotion. They also should not consider a worker’s national origin when making termination decisions in a staffing reduction scenario.
Professionals who have experienced discrimination based on their national origin may have grounds for a lawsuit. Documenting mistreatment and other forms of discrimination in the workplace can help professionals prove that companies either participated in or permitted discrimination on the basis of national origin.