Federal and state laws prohibit workplace discrimination, including discrimination based on national origin. Despite New Jersey’s diverse population, individuals still face discrimination based on their national origin, ethnicity, or perceived ethnic background. Castronovo & McKinney, LLC, a leading employment law firm representing clients throughout New Jersey, specializes in handling employment discrimination claims. With extensive experience and a successful track record, we fight to protect your rights. Contact our office today to consult with an experienced discrimination lawyer.
How The Law Protects You From National Origin Discrimination
Title VII of the Civil Rights Act of 1964 (Title VII) and the New Jersey Law Against Discrimination (LAD) prohibit discrimination in all aspects of employment, including hiring, compensation, promotion, training, and termination, based on protected characteristics such as national origin. Additionally, harassment based on national origin is considered unlawful discrimination. This includes offensive comments, conduct, or displays by anyone in the workplace that create a hostile environment. If you’ve experienced discrimination or harassment due to your national origin, we offer informed representation to protect your rights and pursue just compensation.
Types of National Origin Discrimination
- Discrimination Based on Country or Place of Origin: Job applicants or employees are mistreated based on their or their ancestors’ country of origin, including individuals from unrecognized areas or refugees.
- Discrimination Based on a National Origin Group: Employers in New Jersey cannot discriminate against an ethnic group with shared cultural heritage, ancestry, language, religion, or other traits.
- Discrimination Based on Perceived Ethnicity: Discrimination occurs based on the perception that a person is part of an ethnic group, regardless of their actual identity.
- Discrimination Based on Affiliation or Association: Discrimination against a person because of their association or relationship with someone of a particular national origin.
These forms of discrimination violate laws and can lead to legal action to protect the rights of those affected.
What Does National Origin Discrimination Look Like?
National origination discrimination can occur in several ways, such as:
- Rejecting job applicants with foreign accents, even though they are otherwise qualified to perform the job
- Making derogatory comments about an employee’s country of origin
- Establishing English-only rules that are not essential for business operations
- Requiring only non-Caucasian applicants to submit work authorization documents
- Commenting that an applicant “is not a good fit for our company’s culture,” or an employee “shouldn’t be speaking to clients because of their accent.”
It can be difficult to identify because employers know how to conceal their illegal and discriminatory motives. Employers may also have policies that apply to everyone but discriminate against individuals based on their national origin (e.g. English-only rules designed to discourage immigrants). These policies must be necessary for the safe, efficient operation of the business to be permissible. Otherwise, they may constitute national origin discrimination.
How Our Firm Can Help
If you believe you faced discrimination or harassment based on your national origin or ethnicity, Castronovo & McKinney can assist you in fighting back. Our discrimination attorney will handle all aspects of your claim, including:
- Conducting a thorough investigation
- Interviewing witnesses, including hiring managers, supervisors, and coworkers
- Collecting evidence such as personnel records, performance reviews, and electronic communications
- Determining if the employer has a history of discriminatory conduct based on national origin
- Communicating with the employer and their attorneys
While we aim to resolve discrimination claims through negotiations, we will file an employment discrimination lawsuit if necessary. Rest assured, we will protect your rights both in and out of the courtroom.
Damages You Can Recover For National Origin Discrimination
Our attorneys will vigorously pursue compensation for national origin discrimination, including:
- Back pay
- Front pay
- The value of lost benefits (e.g., health insurance, vacation pay)
- Compensatory damages for pain and suffering
- Emotional distress
- Attorneys’ fees and court costs
Additionally, the court may mandate corrective measures, such as revising policies to prevent discrimination and providing training on discrimination and harassment to managers and supervisors.
Regardless of whether it’s a specific employment policy, the conduct of supervisors or coworkers, or being denied a reasonable accommodation, you have powerful legal protections against religious discrimination.
Contact our experienced New Jersey attorney specializing in national origin discrimination. Don’t tolerate workplace discrimination based on ethnicity or national origin. Reach out to our office today to start working on your claim.