National Origin Discrimination Attorneys in Woodland Hills
Holding California Employers Accountable for National Origin Discrimination
In California, it is illegal for employers with five or more employees to discriminate on the basis of national origin. The state’s Federal Employment and Housing Act (FEHA) prohibits any adverse employment actions based on this protected class.
At the Law Office of Payab & Associates, our dedicated national origin discrimination lawyers in Woodland Hills are committed to fighting back against unfair and illegal workplace practices. We have more than 20 years of experience handling all aspects of employment law and are fully prepared to put our considerable knowledge of the legal process to work for you.
Dealing with national origin discrimination at work? Schedule an initial consultation by calling (818) 918-5522 or contacting us online.
What Is National Origin Discrimination?
National origin discrimination is based on the actual or perceived nationality of an individual. In the workplace, this can lead to unfavorable treatment on the part of an employer because of an employee’s ethnicity, accent, or marriage to a person of a particular nationality.
Discrimination can come from a direct supervisor, coworker, customer, or even high-level management. Regardless of the source of the discrimination or harassment, you are likely protected by law. If you are not sure whether you have a case, our national origin discrimination attorneys in Woodland Hills can listen to your story and walk you through your legal options.
Illegal national origin discrimination in the workplace can take many forms, including:
- Refusing to hire because of national origin. Discrimination based on national origin can occur during various stages of the hiring process, from job postings to interviews. Employers may unintentionally use language in job advertisements that discourages applicants from certain backgrounds, such as specifying a preference for “native English speakers,” which could exclude qualified bilingual or multilingual candidates. During résumé screening, candidates with foreign-sounding names might be passed over in favor of those with more “familiar” names, regardless of their skills or qualifications. Qualified candidates could be overlooked due to biases or stereotypes associated with their country of origin, accent, or appearance.
- Terminating because of national origin. Wrongful termination due to national origin occurs when an employee is dismissed because of their country of origin, accent, or cultural background. This can arise in situations where a workplace adopts policies or practices that disproportionately impact employees from particular national origins without being relevant to the job's legitimate requirements. Examples include being fired for cultural attire compliance challenges, language capability demands that are not pertinent to job performance, or as a response to customer preference biases. In some instances, employees might face derogatory comments or unfair treatment leading to constructive dismissal, a scenario where the work environment becomes so intolerable due to discrimination that the employee feels compelled to resign.
- Compensation issues because of national origin. If an employee finds they are being compensated less than their counterparts with similar job titles and equivalent experience and the only differentiating factor is their country of origin or ethnicity, their employer may be engaging in discriminatory pay practices.
- Denied promotions due to national origin. Being overlooked for promotions is another type of national origin discrimination that can have a profound impact on an individual's career trajectory. When employees with similar qualifications and performance records are consistently passed over for career advancement opportunities in favor of co-workers of a different national origin, it may suggest a discriminatory promotional practice. Such bias not only impairs individual career growth but also signals a problematic culture within the organization that fails to recognize and reward the merits and contributions of all its employees equitably.
- Denied training opportunities due to national origin. When employees from certain national backgrounds are excluded from professional development programs or advanced training sessions that are otherwise available to their peers, national origin discrimination could be to blame. This lack of investment can hinder an individual's ability to grow within their role or to prepare for future positions, irrespective of their actual potential or ambition, effectively stunting their long-term career progression.
- Unfavorable job assignments because of national origin. Employees who find themselves systematically given less desirable duties or shifts while their colleagues of different national origins are favored with more preferable assignments could be facing discrimination based on their background. This could be seen in assigning excessive night shifts, menial work, or tasks not commensurate with one's job description or career aspirations to certain employees due to their national origin. Such unfair distribution of responsibilities not only affects job satisfaction and work-life balance but can also impede career advancement.
What Should I Do If I Am Being Discriminated Against at Work Because of My National Origin?
Realizing that you may be the target of national origin discrimination can be upsetting and even frightening. You may understandably be worried about your job security and long-term career. Do not panic! You have rights in these scenarios, and there are several things you can do to help protect them.
When you think you may be experiencing national origin discrimination at work, you should:
- Document as much as possible. You should meticulously document every instance of perceived unfair treatment or inappropriate behavior. This documentation should include the dates, times, locations, and detailed descriptions of each incident along with any witnesses present. Save all related communications such as emails, memos, and text messages that may reference discriminatory remarks or decisions. It's equally important to keep records of job postings, performance reviews, and any official communications that could provide context or serve as evidence of systemic discrimination. This thorough record-keeping creates a chronological account of events that can establish patterns of behavior, which can be invaluable in any legal proceedings or HR investigations.
- Discuss your concerns (if possible). Before escalating concerns of national origin discrimination to formal channels, it can sometimes be beneficial to approach the matter through an informal discussion with a supervisor or manager. This approach allows for the possibility of clearing up misunderstandings or addressing unconscious biases in a less confrontational environment, potentially leading to quicker and less adversarial resolutions. However, if you do not feel safe or believe that such a conversation would not be useful – or could even be detrimental – you should refrain from this course of action and move straight to formal channels.
- Submit formal complaints. Your written complaints should be addressed to your employer’s Human Resources (HR) department and, if appropriate, directly to your supervisor. These written complaints should be clear, concise, and factual. It should also reference any company policies or codes of conduct that have been violated. Keep copies of these complaints, as they may become important to your case later.
- Seek legal assistance. You do not have to fight discriminatory workplace practices alone. Reach out to our firm for personalized advice and advocacy.
How Our Firm Can Help
If you have dealt with or are currently facing workplace discrimination because of your nationality, the Law Office of Payab & Associates can help. Our national origin discrimination lawyers in Woodland Hills have helped clients with thousands of cases, making it our mission to protect the legal rights of workers and hold employers accountable. We can help you understand your options and determine the best route forward for your unique situation. Whether seeking a settlement or pursuing litigation, we are here to provide compassionate guidance and aggressive representation every step of the way.
Put decades of legal experience on your side. Discuss your case with our national origin discrimination attorneys in Woodland Hills today by calling (818) 918-5522 or contacting us online.
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