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State Laws
Discrimination

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Federal law forbids an employer from discriminating on the grounds of race, national origin, sex, veteran status, religion, age, pregnancy, and disability. Some state and local laws go further, banning discrimination based on sexual orientation.

Racial discrimination

Racial discrimination occurs when your employer treats you differently because of your race.

And if your employer is unfair to you because of a characteristic that is related to your race, that also is race discrimination. For example, if you are an African-American worker and you are fired because you have black hair, that might be race discrimination because most African-American people have black hair. Contact a labor law attorney in your area for more information.

National origin discrimination

National origin discrimination occurs when you are treated unfairly because of the country you came from or because of your ancestry. For example, if an employer refuses to hire you because you come from India, that is national origin discrimination. It also would be national origin discrimination if your employer fires you after learning that your family came from Nicaragua three generations earlier. Although your national origin is often related to race, it is not necessarily the same thing.

What if I am treated differently because I have a foreign accent?

This is national origin discrimination - unless your accent gets in the way of performing your job. For example, if you are required to have good communication skills to get a promotion, your employer can pass you over for the promotion if your accent interferes with your work. On the other hand, if you can show that your accent did not significantly affect your ability to communicate with customers or co-workers, refusal to promote you might constitute national origin discrimination.

What if I am required to speak only English at work?

Employers may require employees to speak only English at work where necessary for safe and efficient job performance. But such a requirement might be a disguise for national origin discrimination if it is not reasonably related to the needs of the job and it is applied to employees who cannot speak English at all or who speak very limited English.

What if I am treated differently because I am not an American citizen?

"National origin" discrimination does not include discrimination based solely on one's citizenship. Therefore, an employer could refuse to hire you because you are not a U.S. citizen - unless that employer does so because of your national origin. If you have further questions, consult with a labor law attorney in your area.

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