Title VII protects employees from discrimination based on national origin—where you or your ancestors came from. This protection extends to accent discrimination, citizenship requirements, and treatment based on ethnicity or cultural identity.
What Is National Origin Discrimination?
National origin discrimination occurs when employers treat employees unfavorably because of: their country of origin or ancestry, their ethnicity, accent, or language, association with people of a particular national origin, or membership in ethnic organizations or schools.
Protection applies regardless of citizenship—both U.S. citizens and non-citizens are protected.
Accent Discrimination
Employers cannot discriminate based on foreign accent unless the accent materially interferes with job performance. Many jobs don't require accent-free speech. Employers claiming accent interferes with job duties must prove it actually impairs essential job functions—not just that it's different or unusual.
Refusing to hire or firing someone because customers "prefer" native English speakers is discrimination.
English-Only Rules
Blanket "English-only" policies are often discriminatory. Employers can require English when necessary for safety, coordination, or customer service—but cannot prohibit speaking other languages during breaks, in personal conversations, or when English isn't necessary.
Rules requiring English must be justified by business necessity, and employees must be notified of the policy and consequences.
Citizenship Status
Title VII doesn't directly address citizenship discrimination, but the Immigration and Nationality Act prohibits citizenship discrimination. Employers cannot require citizenship unless required by law, contract, or government regulation. Employers cannot favor citizens over authorized workers, reject valid work authorization documents, or demand specific documents.
Harassment Based on National Origin
Harassment creating a hostile work environment violates Title VII. This includes ethnic slurs and insults, offensive comments about accent or language, mockery of cultural practices or dress, exclusion based on national origin, and offensive jokes or materials targeting ethnic groups.
Occasional isolated remarks may not constitute harassment, but a pattern of conduct or severe incidents can.
Common National Origin Discrimination
Examples of discriminatory conduct include: refusing to hire applicants with "foreign" names, passing over qualified employees for promotions due to accent, requiring unnecessary English skills, treating employees from certain countries less favorably, allowing harassment of employees from specific backgrounds, and retaliating against employees who complain about discrimination.
Intersection with Other Protected Classes
National origin often intersects with race, religion, and color. A person of Middle Eastern descent may face discrimination based on national origin, perceived religion (assumed to be Muslim), and race. Claims may proceed under multiple theories.
Proving National Origin Discrimination
To establish a discrimination claim, you typically must show: you belong to a protected national origin group, you were qualified for your position or the job you sought, you suffered an adverse employment action, and similarly-situated employees of different national origins were treated better.
After establishing this case, the employer must provide legitimate reasons, which you can challenge as pretextual.
Documentation and Evidence
Gather evidence supporting your claim: notes about discriminatory comments with dates and witnesses, emails or messages showing bias, evidence of different treatment compared to employees of other backgrounds, personnel records showing qualifications, and testimony from coworkers who observed discrimination.
Filing a Claim
National origin claims under Title VII require EEOC filing within 180-300 days. Claims under the Immigration and Nationality Act go to the Department of Justice Civil Rights Division.
Remedies
Successful claims can recover: back pay and front pay, compensatory damages for emotional distress, punitive damages in egregious cases, reinstatement or promotion, and attorney fees.
Getting Legal Help
National origin discrimination cases benefit from experienced legal representation. An attorney can help document your case, identify all applicable laws, and pursue maximum recovery.