The US Equal Employment Opportunity Commission (EEOC) recently charged in a lawsuit filed on August 2 that HCL America, a subsidiary of the Noida, India-based IT services firm HCL Technologies, violated federal law by declining to hire a qualified 61-year-old Indian job applicant for a sales director position due to his age and national origin. The person, who should have known better, literally told recruiters that the candidate was a “good guy, but he is too old” and then asked recruiters to send him applications from non-Indian candidates. Unfortunately, this still happens in 2024. Fortunately, it is against the law.
Title VII protects against discrimination
While it prohibits age discrimination exhibited in hiring, Title VII of the Civil Rights Act of 1964 also protects employees or job applicants based on their nation of origin, which includes their birthplace, ethnicity, ancestry, culture, or linguistic characteristics common to a specific ethnic group. Title VII applies to employers with 15 or more employees, including federal, state and local governments.
In addition to Title VII, the Immigration Reform and Control Act of 1986 (IRCA) also protects against employment discrimination based on citizenship or immigration status. The IRCA applies to employers with four or more employees and prohibits employers from discriminating against individuals authorized to work in the United States.
State-level protections in Iowa and Nebraska
At the state level, both Iowa and Nebraska have laws that offer additional protections against nation-of-origin discrimination. In Iowa, the Iowa Civil Rights Act (ICRA) prohibits employment discrimination based on national origin. The ICRA applies to employers with four or more employees and covers all aspects of employment, including hiring, firing, promotion, compensation, and other terms and conditions of employment.
Similarly, Nebraska’s Fair Employment Practice Act (FEPA) protects individuals from discrimination based on their nation of origin. The FEPA applies to employers with 15 or more employees and covers a wide range of employment practices. Both states’ laws are enforced by their respective civil rights commissions, which investigate complaints and take action against discriminatory practices.
Scenarios of age discrimination
The discriminatory hiring incident above is just one example. Others include:
- Promotion denial
- Hostile work environment
- Unequal pay
- Unfair termination
Pursuing legal action
Employees who believe they were discriminated against based on their nation of origin can pursue legal action by filing a complaint with the Equal Employment Opportunity Commission (EEOC) at the federal level or the respective state civil rights commissions. It is also often crucial to work with an experienced employment law attorney who handles nation-of-origin discrimination cases. They can provide valuable guidance, help you understand your rights and represent you in legal proceedings.