Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of national origin. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
About National Origin Discrimination
National origin discrimination means treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality. Examples of violations covered under Title VII include:
Employment Decisions
Title VII prohibits any employment decision, including recruitment, hiring, and firing or layoffs, based on national origin.
Harassment
Title VII prohibits offensive conduct, such as ethnic slurs, that creates a hostile work environment based on national origin. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Likewise, employees are responsible for reporting harassment at an early stage to prevent its escalation.
Language
Accent discrimination
An employer may not base a decision on an employee's foreign accent unless the accent materially interferes with job performance.
English fluency.
A fluency requirement is only permissible if required for the effective performance of the position for which it is imposed.
English-only rules
English-only rules must be adopted for nondiscriminatory reasons. An English-only rule may be used if it is needed to promote the safe or efficient operation of the employer's business.
Coverage of foreign nationals
Title VII and the other antidiscrimination laws prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization.
Statistics
In Fiscal Year 2004, EEOC received 8,361 charges of national origin discrimination. Including charges from previous years, 8,943 charges were resolved, and monetary benefits for charging parties totaled $22.3 million (not including monetary benefits obtained through litigation).
*The foregoing information is provided by the United States EEOC, and is compiled here for information purposes only.
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