Queens, NY Attorneys for National Origin Discrimination
The feeling of being discriminated against based on your nationality or presumed nationality is unexplainable. Sadly, this is something that happens regularly in some workplaces in New York City. Statistics show that less than 18% of employment discrimination victims actually received monetary or non-monetary relief. This demonstrates just how critical selecting experienced national origin discrimination attorneys can be to the success of your claim.
What Is National Origin Discrimination?
National origin discrimination refers to a situation where an individual is treated differently because of their country of origin, culture, ancestry, linguistic traits, or accent.
Is National Origin Discrimination Same As Racial Discrimination?
National origin discrimination isn’t the same as racial discrimination. The latter occurs when individuals are discriminated against based on their skin color, while the former refers to discrimination based on nationality or presumed nationality.
National Origin Discrimination Examples
Given that national origin discrimination is often confused with racial discrimination, let’s discuss some practical examples. They include:
Pay / Compensation Discrimination: Describes discrimination occurring if you have been performing substantially equal work, but do not receive the same pay (or total compensation).
Job Assignments / Duty Discrimination: Per the EEOC, “It is illegal for an employer to make decisions about job assignments and promotions based on an employee’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.”
Physical or cultural characteristics: If you’ve been discriminated against because of your physical, linguistic, or cultural characteristics, this may be a case of national origin discrimination. For example, if you’ve been harassed for wearing a hijab, such an incident requires the immediate attention of a national origin discrimination attorney.
Perception: This describes discrimination based on the assumption that you belong to a particular race, country, or religion. For example, some Sikhs may be harassed due to the assumption that they’re Muslim.
Association: Some individuals may be harassed because of their association with people from a particular race, religion, ethnicity, nationality, among other factors.
Affiliation: This involves harassing or discriminating against an individual because of their affiliation with a particular religious or ethnic group. For example, if your boss pays you less because you’re a friend of Mexican nationals, it’s time to talk to a national origin discrimination lawyer in Queens, New York.
Examples of National Origin Discrimination in the Workplace
National origin discrimination occurs so many times in the workplace, but unfortunately, many employees don’t know that they are being discriminated against. Here are additional examples of this kind of discrimination in the workplace.
- If you’re scheduled for promotion, but your boss decides to promote someone less qualified but born in the United States.
- Your boss kept you out of important meetings where only native-born workers were invited.
- A company advertises for job positions on platforms or places where only non-minorities are likely to read them.
- Your boss pays you less because you’re not a US national.
- Your employer decides to lay off workers, but only those born outside of the United States.
Consequences of National Origin Discrimination in the Workplace
National origin discrimination is punishable by Federal, state and New York City law. For example, if the discrimination occurred at a workplace of between 4 and 14 employees, the victims may recover back pay, reinstatement, and job offers.
Employers will also be required to stop discriminatory practices, receive anti-discrimination training, undergo monitoring, and pay civil penalties.
On the other hand, victims of national origin discrimination at workplaces comprising 15 or more employees could be awarded the following:
- Back pay
- Front pay
- Compensatory damages (compensation for emotional pain and suffering)
With the help of national origin discrimination attorneys, the victim may also be awarded any other action that makes them feel ‘whole.’ In this context, the term ‘whole’ means the condition that the victim would have been before discrimination.
The victims may also receive compensation for attorney’s fees, expert witness fees, and other expenses related to that particular lawsuit.
Employers found guilty of national origin discrimination in a workplace consisting of 15 or more employees may also suffer punitive damages. These are damages meant to punish such an employer and discourage other employers from practicing national origin discrimination.
In some cases, punitive damages may be added onto compensatory damages as a double penalty for this kind of discrimination.
But that’s not all – employers found guilty of national origin discrimination may be required to post notices to all employees informing them about their right to be free from discrimination, retaliation, and harassment.
To reduce the chance of such an incident ever happening again, an employer may also be required to take preventative and corrective actions directed at the source of the discrimination.
What To Do if You’re a Victim of National Origin Discrimination in New York City
New York laws protect workers against national origin discrimination. If you’re a victim of this kind of discrimination, here’s what to do.
Document the Incident
The first thing to do is to keep notes of the discriminatory actions, including harassment if applicable. This kind of information will help your national origin discrimination attorney prove to the court that you’ve been discriminated against. Some important details to mention in your documentation include:
- Date of incident.
- Time of incident.
- Place of incident.
- What was said or done.
- Any witnesses involved.
Keep Doing a Good Job
Document your progress at work, including any positive reviews. Some employers may attempt to justify that you didn’t deserve a particular role (such as promotion) because you’re supposedly underqualified. Keeping evidence of your performance at work proves your employer wrong.
Seek Qualified Professionals Who Can Help
Talk to your friends and family about it. But consider seeking help from mental health experts, if you are able, because it can be stressful to deal with harassment or discrimination at work alone.
Report the Incident
Notify your supervisor, human resources manager, or any other relevant authority at your workplace about the incident.
Evaluate Your Employer’s Policy
Find out what your employer’s policies on national origin discrimination are, and then follow them.
To prove that you were discriminated against, keep records such as inappropriate texts, voicemails, pictures, or anything else that’s relevant.
Make Copies of Your Complaint
After informing your employers and the relevant authorities about the incident, don’t forget to keep copies with you at home in writing or any other form.
Know Your Rights
Other than the right not to be discriminated against, your employer can’t retaliate against you when you report a harassment or discrimination incident. Retaliation is illegal and may attract harsh penalties from the Equal Employment Opportunity Commission (EEOC) or any other agency mandated to monitor, prevent and address this kind of discrimination in the workplace.
Speak to a National Origin Discrimination Lawyer from Ricotta & Marks, P.C.
One benefit of contacting national origin discrimination attorneys from Ricotta and Marks, P.C. is that they usually have vast experience handling such cases. You can always count on their legal experience in employment law to fight for your rights and get you the compensation you deserve.
Even if you aren’t sure if a particular incident qualifies as discrimination or harassment, speaking to an attorney won’t cost you anything. On the contrary, it could be the first step into holding such employers accountable for their actions while sending a strong message to other employers who may be involved in similar practices.
Don’t wait any longer – contact Ricotta and Marks, P.C. online or call 347-464-8694 for a free consultation!