Race Discrimination vs. National Origin Discrimination

There are two different type of racial discrimination in America today: race discrimination and national origin discrimination. These are often thought to be the same thing, but they are quite different. Race discrimination focuses on the ethnic background of the individual regardless of whether or not they were born in the United States. On the other hand, national origin discrimination is usually committed against immigrants, permanent residents or naturalized U.S. citizens who moved to America from another country.

State and Federal National Origin Discrimination Laws

Legal immigrant workers and citizens of the United States are granted the same rights as any other legal employee. Calif. Gov. Code § 12940(a) states that is illegal for an employer to discriminate against an employee due to their national origin, as does Civil Rights Act § 703(a). The Immigration Reform and Control Act (IRCA) of 1986 also protects legal workers from discrimination by requiring all employers to require proof of an applicant’s legal right to work in the U.S. and to require it of every employee, not just those of a certain national origin. An Orange County employment attorney could counsel and represent you if you are a victim of such discrimination, so contact Employment Lawyers Group right away.

Even illegal immigrants who work without legal authorization are protected under the anti-harassment provisions of the Fair Employment and housing Act. It is illegal to sexually harass an illegal immigrant at work. It is also illegal to harass an illegal immigrant based on other protected characteristics under FEHA. Our firm works hard to protect the rights of all workers and obtained the following results for undocumented workers:

• $165,000 in a sexual harassment case
• Over $200,000 in an arbitration for minimum wage
• $128,000 for an airline employee sexually harassed
• $160,000 for a woman sexually harassed in the printing business
• $315,000 to a sexually abused gas station worker
• $165,000 for sexual harassment
• $200,000 for two sexually harassed grocery workers

Consult with an Orange County National Origin Discrimination Attorney

As an employment law firm dedicated to excellence, our legal team will take the time to listen to you, answer your questions and guide you step by step to defend your right to work in California. One of our lawyers has been selected for inclusion in California Super Lawyers® for many years, proving that we are committed to providing quality legal service. Call our offices at your earliest convenience for a consultation.