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National Origin Discrimination

Employment Attorneys Serving Workers in New York

People come to New York from all over the world, and many businesses in and around New York City employ diverse workforces. Just as people are often mistreated because of their race, many people are treated adversely at work because of their national origin. Treating people differently from other employees because of where they are from is unlawful, and employers that engage in such behavior may be held civilly liable. If you were subjected to discrimination at work because of your national origin, you should speak to a lawyer as soon as possible. The New York national origin discrimination lawyers at Gerstman Schwartz are proficient at helping victims of discrimination fight to protect their interests, and if you hire us, we will set forth persuasive arguments on your behalf.

What Constitutes National Origin Discrimination

National origin refers to the country from which a person originated. Employers that refuse to hire people from certain countries or people who have characteristics common among people from specific places may be engaging in discrimination. Similarly, if an employer makes repeated negative comments to an employee regarding how people from the employee’s country of origin behave or mocks the employee’s accent, it may constitute discrimination. If an employer imposes harsher penalties on employees from a certain place than American employees who make the same mistakes, it likely is considered discrimination as well.

Laws Against National Origin Discrimination

At the federal level, Title VII of the Civil Rights Act of 1964 (Title VII) states that it is an unlawful employment practice for an employer to terminate, refuse to hire, or otherwise discriminate against a person regarding matters such as compensation or the privileges, terms, or conditions of employment because of the individual’s national origin. A national origin discrimination attorney in New York also can bring a claim under Title VII if an employer categorizes, segregates, or limits employees in a way that would affect their employment status or deprive them of opportunities because of their national origin.

We also can help a worker bring a claim under the New York State Human Rights Law (NYSHRL). The NYSHRL prohibits employers from firing, declining to hire, or discriminating against people in terms, conditions, or privileges of employment or compensation because of their national origin. New York City also protects employees from illegal discriminatory acts through the New York City Human Rights Law (NYCHRL). The NYCHRL, like Title VII and the NYSHRL, provides that employers cannot advise a person that a job is not available when it is, or fire, refuse to hire, or discriminate against a person regarding employment terms, due to the person’s national origin.

Employees seeking damages for national origin discrimination may allege that an employer violated one or more anti-discrimination statutes, depending on the facts of the case. A New York national origin discrimination attorney can advise you on which statute best fits your claim. Under Title VII and the NYSHRL, people alleging discrimination based on national origin must prove four things. They must show that they were qualified for the job in question, they were members of a protected class based on their national origin, the employer engaged in behavior that adversely affected their employment, and the adverse action happened under circumstances that induce an inference of discrimination. Under the NYCHRL, though, employees only need to prove that they were treated less well than other employees and that their maltreatment was at least partially motivated by discrimination.

Speak to a Knowledgeable Employment Discrimination Attorney

If you were treated unjustly by your employer because of your national origin, you could be owed compensation, and you should speak to an attorney. At Gerstman Schwartz, our knowledgeable employment discrimination attorneys can assess your potential claims and help you pursue the best legal result available under the facts of your case. We frequently represent people in discrimination lawsuits in New York City and Nassau and Suffolk Counties. You can reach us to set up a meeting with a national origin discrimination lawyer in New York by calling our New York City office at (212) 227-7070 or our Garden City office at (516) 880-8170 or by using our form online.

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