National Origin Discrimination Attorneys Representing Iowa And Nebraska Clients

Both state and federal law protect employees from workplace discrimination on the basis of ethnicity or national origin. This safeguards employees when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits and any other term or condition of employment.

It is also against the law to harass a person for his or her national origin. Harassment can include treatment like ethnic slurs, workplace graffiti, physical violence or other offensive conduct directed towards a person because of national origin. Although the law does not prohibit simple teasing, harassment becomes illegal when the persistence or severity creates a hostile work environment. Harassment is also illegal when it results in an adverse employment decision, such as the victim being terminated.

Last, The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate based on a person’s citizenship or employment status. If you’ve experienced discrimination or harassment due to your national origin, contact our skilled lawyers at Fiedler Law Firm, P.L.C. They are ready to fight for the fair treatment and compensation you deserve.

Can An Employer Discriminate Against You Based On Your Accent?

An employer is also not permitted to base an employment decision on a person’s accent or English-language skills unless effective spoken communication is necessary to complete job duties or their accent materially affects their ability to communicate. In the case of a job where proficient language skills are required, an employer may adopt “English-Only” rules or other policies that require fluency in spoken communication. However, employees must be adequately notified of these rules, and these rules must be enforced equally.

Examples Of National Origin Discrimination

It is unfortunately common to receive unwanted looks, comments and questions from others if you have an accent, come from another country or otherwise don’t seem to fit another person’s idea of what an American should be. But when do these actions become unlawful discrimination? You may have been a victim of discrimination if you’ve experienced any of the following:

• Your employer or coworker treats you unfavorably because of your national origin
• Your employer or coworker treats you unfavorably because you are married to or associate with a person of a certain national origin
• Your employer or coworker makes offensive or derogatory remarks about your national origin, accent, or ethnicity, resulting in a hostile workplace

If you believe you might have cause to file a discrimination lawsuit, please discuss your options with one of our caring and experienced national-origin discrimination lawyers.

Common National Origin Discrimination Scenarios We Help With

Below, we have described scenarios that some of our clients have shared. We then provide feedback similar to what our lawyers would tell these clients.

Scenario one: “I was in a job interview and the interviewer asked if I was a U.S. citizen. Is that okay?”
Attorney response: No. It is never okay for someone to ask you if you are a U.S. citizen during a job interview. It is also illegal for an employer to ask your country of origin or native language during an interview.

Scenario two: “My employer’s clients and customers do not like working with people who ‘look foreign’ or talk with an accent. Can I be reassigned or denied a job because of these preferences?”
Attorney response: Absolutely not. The preferences of clients or customers do not give your employer the right to alter your employment status based on your national origin.

Scenario three: “I like to wear the clothing of my native country to show my pride and heritage, but my employer says my clothing is unprofessional and distracting. Is my employer allowed to make me change my clothes or restrict my wardrobe?
Attorney response: “Wearing the clothes of your native country can be an expression of your national origin. An employer may enforce a generally applicable dress code, as long as it applies to everyone and it was not adopted to target employees because of their national origin.

Talk To Us About Your Legal Options Today

Discrimination on the basis of national origin is illegal and wrong, and you don’t need to tolerate it. Instead, call our skilled attorneys at Fiedler Law Firm. Our firm is completely focused on employment law, and we have a strong track record of success fighting for our clients, both in and out of court. To schedule an initial consultation about your case, contact our offices in Johnston, Iowa, by calling 515-303-8210 or our Omaha, Nebraska office at 402-281-3501. You can also submit an online contact form.