National Origin Discrimination Lawyers
in South Carolina and North Carolina
Employment discrimination based on a person’s national origin is prohibited by federal and state law. A national origin group or ethnic group refers to people who share a common language, culture, ancestry, race, and other social characteristics. Workers of all ethnicities are protected regardless of whether they are immigrant or American-born. Hispanic and Arab employees are disproportionately affected by workplace discrimination, despite the legal protections in place.
Reach out to the national origin discrimination lawyers at Herrmann & Murphy today if you believe you’ve been singled out or punished at work because of your nationality.
What is National Origin Discrimination?
National origin discrimination refers to segregation that is based on the physical, linguistic, or cultural traits associated with a national origin group. Examples of nationality discrimination could include actions taken because of a person’s accent, spoken language, or the clothing they wear.
Title VII of the Civil Rights Act of 1964 and the Immigration and Nationality Act are the federal laws prohibiting this form of discrimination. Title VII forbids employers with 15 or more employees from discriminating against any individual with respect to their compensation, terms, conditions, or privileges of employment, because of race discrimination, religious discrimination, gender discrimination, or national origin. The Immigration and Nationality Act prohibits employers from discriminating against individuals based on their citizenship or immigration status, or based on their national origin.
North Carolina’s Equal Employment Practices Act provides the same protection from discrimination. However, the state law does not prohibit retaliation the way the federal law does, nor does it provide for the defendant to pay your attorneys’ fees. South Carolina’s Human Affairs Law provides protection more similar to the federal law and provides employees a longer period of time to file their discrimination claim, up to 300 days.
EEOC Guidance on National Origin Discrimination
National origin discrimination and race discrimination are legally distinct, though they have some overlap. Race discrimination is based on a person’s racial or ethnic identity, while national origin discrimination centers on a person’s ancestry or birth country. Many legal claims involve both race and nationality discrimination. For example, a person from Mexico may experience discrimination tied to their racial identity and country of origin. Both categories are protected under Title VII and can be pursued in the same legal claim.
The law applies regardless of whether you are a U.S. citizen. No form of work authorization is better than another and very few jobs can legitimately be limited to U.S. citizens — but this does not stop many employers from preferring citizens to immigrants. This is illegal.
Contact a National Origin Discrimination Attorney
Anti-immigrant discrimination has always been an issue, but has recently become rampant. Stereotypes and assumptions about Hispanic, Arab, and South Asian individuals often find their way into the workplace in the form of harassment, or promotion and termination decisions.
Herrmann & Murphy’s attorneys have successfully taken legal action against employers who allow harassment and discrimination based on national origin in their workplaces. If you believe you are the victim of national origin discrimination, you should reach out for a consultation today. Call 704.940.6399 or 864.516.7526.
National Origin Discrimination FAQs
Evidence of national origin discrimination could include:
- Negative comments about where you are from
- A pattern of adverse actions targeting employees from a specific country or region
- Inconsistent application of workplace rules compared to employees of other nationalities
- Written communications reflecting bias
Circumstantial evidence can also support a claim of nationality discrimination. This could include being replaced by someone from a different ethnic background, despite having comparable job qualifications. Herrmann & Murphy helps clients build the evidentiary record to move a case forward. Read more about the evidence needed to prove workplace discrimination.
Employees must bring these claims to the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act. We strongly recommend reaching out for a consultation before going to the EEOC if you believe you have been the victim of unlawful discrimination or retaliation. Claims must be filed within the 180-day deadline. If it has been five months since the adverse employment action occurred, file with the EEOC immediately.
Employees of smaller companies with fewer than 15 employees can file claims with the Immigrant and Employee Rights Section of the U.S. Citizen and Immigration Services.
Yes. Discrimination based on your accent or use of a language other than English is considered national origin discrimination in most circumstances. An employer can require English in limited situations, such as when it is necessary for job safety or effective communication, but blanket English-only policies applied broadly have been found unlawful. If you were passed over for a promotion, disciplined, or fired because of how you speak rather than your job performance, those actions could be challenged in court. Request a consultation for more information.
Maybe. The EEOC recognizes that English-only policies may violate Title VII if applied broadly and without business justification.
- Generally Allowed: Policies requiring English only during safety briefings or customer-facing interactions may be defensible.
- Generally Not Allowed: Policies banning any non-English speech at all times, including during breaks, are far more likely to be challenged successfully.
If you were disciplined or fired for speaking your native language at work, contact our national origin discrimination attorneys in North Carolina and South Carolina.
National origin and immigration status are separate considerations. Title VII does not explicitly protect a person based on their immigration status. However, discrimination based on a person’s perceived national origin or ethnicity is illegal, even if the employer claims immigration status as a justification. Separate federal laws also protect certain workers from immigration-related employment discrimination. Contact an employment rights attorney who can explain which protections may apply to your situation in a confidential consultation.
Our attorneys represent North Carolina and South Carolina employees in federal and state courts, and in arbitration. Sean Herrmann and Kevin Murphy have won trial verdicts for clients in complex employment discrimination cases and treat every case as if it will go to trial. To discuss your experience with national original discrimination, request a consultation. You can also call our law office in North Carolina at 704.940.6399, or in South Carolina at 864.516.7526.
