Discriminating against an individual based on his national origin or ancestry is illegal. National Origin means the country where you were born or the country where your ancestors came from. It includes your physical, cultural, or linguistic (language) characteristics.
Discrimination is illegal if it is based on the country you were born or your ancestry. If your employer requires that you speak English at all times while you are on the job this may constitute discrimination based on national origin if you do not speak English.
An employer may make the decision not to hire you based on your accent if it would materially interfere with your job performance. An employer may require you to dress in a uniform even if it conflicts with your ethnic beliefs or practices, but the dress code cannot treat you less favorably because of your national origin. It is also not illegal to discriminate based on your citizenship.
To determine whether you are protected against discrimination from your employer, there are three other things to consider:
1. Whether you are considered an employee who is covered under the law.
2. Whether your employer is subject to the anti-discrimination laws.
3. Whether your employer's conduct is considered discriminatory under the law.
4. What reason your employer discriminates against you.
If you feel you may be unlawfully discriminated against, contact us so we may review your situation with you.