National Origin Discrimination

National origin discrimination is discrimination based on the country from which an individual (or his or her ancestors) comes, or his or her accent, customs, or native language. These factors are also collectively referred to as an individual's ethnicity. The Civil Rights Act of 1964 prohibits discrimination in education, public accommodations, receipt of federal funds, and employment by employers with 15 or more employees on the basis of race, color, religion, gender, and national origin. The legislative history of the Civil Rights Act indicates that it was enacted primarily to address racial discrimination, but discrimination on the basis of national origin or ethnicity has become an increasingly important part of the law and is used with increasing frequency.

Title VII of the Civil Rights Act, which has been the basis of most of the national origin discrimination claims and court cases, prohibits discrimination in employment. Cases have involved discrimination claims based on speaking a language other than English in the workplace, refusal to hire applicants from a certain country or of a certain ethnicity, refusal to promote otherwise qualified employees based on the employee's accent, or harassment based on ethnicity or national origin.

Using national origin or related criteria as the sole basis for failure to hire, promote, or train, or to unnecessarily discipline, harass, or terminate an employee is illegal. Those who have been discriminated against on the basis of national origin may file claims with the Equal Employment Opportunity Commission, the federal agency responsible for enforcing the Civil Rights Act. Evidence of discrimination may be direct or indirect. Direct evidence may involve the employer saying those of a certain national origin or ethnicity will not be hired. Indirect evidence may involve the employer having a neutral policy, which has the impact of excluding employees of a particular national origin at a higher than normal rate, such as a height and weight requirement that disproportionately excludes those of a national origin statistically slighter and/or smaller than the requirement, without there being a business necessity for the requirement.

The prohibition against discrimination on the basis of national origin or ethnicity does not entitle an applicant or employee to a job if not qualified; however, [Page 1476]national origin or related issues cannot be the sole basis for refusal to allow a qualified employee to be hired and treated like any other employee. This prohibition also applies to housing, education, public accommodations, and receipt of federal funds.

There has recently been an increase in national origin claims for at least three reasons: (1) after the terrorist attacks of September 11, 2001, on the Pentagon, New York's Twin Towers, and the forced plane crash in Pennsylvania for which Islamic extremists claimed responsibility, there was a backlash in the United States against Middle Easterners and Muslims; (2) the increased influx of immigrants and the negative response to them; and (3) the increased willingness of immigrants to use U.S. law and policies that can protect them. Closely related to this issue after the terrorist attacks on September 11, 2001, is discrimination on the basis of religion, particularly against those who, or whose ancestors, are from the Middle East. In the wake of a dramatic increase in negative and discriminatory actions toward Muslims and Middle Easterners after 9/11, the Equal Employment Opportunity Commission issued cautions reiterating its commitment to vigorously enforcing antidiscrimination laws against Muslims and Middle Easterners.

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