The Gittes Law Group

Columbus, Ohio Employment Attorneys

723 Oak Street
Columbus, OH 43205
Fax: (614) 221-9655

(614) 222-4735

Gittes Law Weekly

Topic of the Week  National Origin Discrimination

Whether an employee or job applicant's ancestry is Mexican, Russian, Filipino, Iranian, American Indian, or any other nationality, individuals are entitled to equal access to employment opportunities. Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate on the basis of national origin. This law applies to employers with 15 or more employees. It forbids discrimination based upon an individual's birthplace, ancestry, culture, linguistic characteristics (common to a specific group) or accent. It also applies to individuals married to or associated with persons of a particular national origin, membership or association with specific ethnic promotion groups, attendance or participation in schools, churches, temples, or mosques associated with a national original group, or a surname associated with a national origin group.

1. Can I be discriminated against because my spouse and friends are of different nationalities?

No. The law prohibits discrimination based on your association with someone of a different national origin.

For example, if you are a Caucasian U.S. citizen, but your spouse and most of your friends are Middle Eastern, you may not be discriminated against because of your association with people of Middle Eastern origin, and may have a valid discrimination claim if you can prove you were discriminated against for this reason. 

2. Can I be discriminated against because of the color of my skin?

No. Title VII specifically prohibits employment discrimination based on color, as well as race, religion, sex, and national origin. Whether you suffer discrimination due to skin color typically associated with your race or national origin, or are harassed due to a skin color not typical for your race or national origin, both are against the law.

3. Can an employer choose employees of one national origin over another?

In some limited circumstances, employers are allowed to prefer one national origin to another. This is allowed only when national origin is what is called a "bona fide occupational qualification" for the position, which means that belonging to a certain national origin is necessary for the job.

For example, being of Latin origin might be a bona fide occupational qualification for a role in a movie featuring a Cuban family. Circumstances in which preferences for one national origin are allowed are very rare. The employer must be able to demonstrate the position has special qualifications that only members of one national origin can fulfill.

Thought of the Week

"We never asked for this system; it was imposed on us. Now, they are mismanaging our money--not appropriations or donations, but our own money--and we can't fire them. . . . All that's going to change. We are not going to let them off the hook. There has to be reform and restitution. There has to be justice."

–Louise Sahagun, Tangled Trust Earns Wrath of Native Americans

Weekly Comic by Jerry King

Weekly Comic by Jerry King

Blog of the Week

Top Five News Headlines

  1. Google Illegally Fired And Spied On Workers Who Tried To Organize, Labor Agency Says
  2. Kansas City Nursing Home to Pay $40,000 to Settle EEOC Pay Discrimination Claims
  3. A 4-Day Workweek for 5 Days’ Pay? Unilever New Zealand Is the Latest to Try
  4. EEOC Launches New Data Tool to Track Employment Trends
  5. Biden’s New Top Economist Has a Longtime Focus on Workers

List of the Week

from U.S. Bureau of Labor Statistics

American Indians and Alaska Natives in the U.S. labor force

  • According to data from the Current Population Survey, the country’s 2.9 million American Indians and Alaska Natives (AIANs) accounted for 1.1 % of the U.S. civilian noninstitutional population age 16 and older in 2018.
  • The unemployment rate of AIANs was 6.6 %, considerably higher than the rate of 3.9 % for the country as a whole.
  • AIANs were less likely to be working —59.6 % of them participated in the labor force, compared with 62.9 % for the total population.
  • AIANs have had higher unemployment rates and lower labor force participation rates throughout the history of the series 

 

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