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What country an employee is from cannot affect their employment

There are people from all over the world who live and work in California. They come to California for many different reasons and work in many different types of jobs and professions. People from the same race may also come from different countries. Unfortunately though just like people have biases against people of a certain race, people also have biases against individuals from different countries as well.

Also, just like it is illegal to discriminate against people because of race, it also illegal to discriminate against people based on their national origin as well. This includes discriminating against a person who is married to someone from another country or simply looks like they are from a certain country.

Employers cannot make rules such as English speaking only, unless it English only is a necessity of the job. They also cannot discriminate based on immigration status or only hire U.S. citizens or lawful permanent residents. Employers must also always accept lawful documentation and cannot require any documentation beyond what is legal.

If an employer does these types of things and either fires an employee based on national origin or creates a hostile environment forcing the employee to quit, they may need to compensate the fired employee through a wrongful termination lawsuit. The fired employee may be entitled to back pay, future pay until they find a new job or may even need to hire the employee back.

People in California may have certain biases towards people of other countries, but they cannot base any employment decisions on those biases. They must treat all employees equal, regardless of their national origin. If they do not then they may need to compensate the employee among other potential penalties. These types of cases can be very complicated though. It is not always easy to prove all the necessary facts, but experienced attorneys understand what to look for and may be able to guide one through it.

Source: www.eeoc.gov "National Origin Discrimination" accessed on Dec. 20, 2017

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