National Origin Discrimination
The Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination because of an employee or applicant’s national origin.
EEOC Guidelines on National Origin Discrimination
The Equal Employment Opportunity Commission (EEOC) has promulgated guidelines at 29 C.F.R. §1606.1 which define national origin discrimination as “the denial of equal employment opportunity because of an individual's, or his or her ancestor's, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group.”
According to 29 C.F.R. §1606.1, an employer may not discriminate because of:
(a) Marriage to or association with persons of a national origin group;
(b) Membership in, or association with an organization identified with or seeking to promote the interests of national origin groups;
(c) Attendance or participation in schools, churches, temples or mosques, generally used by persons of a national origin group; and
(d) Because an individual's name or spouse's name is associated with a national origin group.
Section 1606.7 states that requiring employees to speak English at all times is “a burdensome term and condition of employment” that will be strictly scrutinized.
Section 1606.8 states that an employer must maintain a working environment free of harassment on the basis of national origin. This applies to conduct between fellow employees, and the acts of non-employees, who harass on the basis of national origin, where the employer “knows or should have known of the conduct and fails to take immediate and appropriate corrective action.”
What D.C. Employment Laws Prohibit National Origin Discrimination?
The District of Columbia Human Rights Act (DCHRA) prohibits employment discrimination because of national origin. The District of Columbia’s Office of Human Rights will enforce the guidelines on national origin discrimination promulgated by the EEOC at 29 C.F.R. §1606.
What Virginia Employment Laws Prohibit National Origin Discrimination?
The Virginia Human Rights Act (VHRA) prohibits discrimination in the workplace because of national origin.