Portland National Origin Discrimination Attorneys
Compassionate Legal Guidance in Oregon
All employees are entitled to equal treatment in the workplace, no matter
their country of origin. Unfortunately, many employees face discrimination
as a result of their nationality and are subject to
hostile work environments,
wrongful termination, and other forms of unlawful conduct.
Our Portland national origin discrimination lawyers at Bullman Law Firm
can help you if you believe that you are being harassed or unfairly treated
as a result of your nationality. We can work with you to file a discrimination
complaint with the U.S. Equal Employment Opportunity Commission (EEOC)
and Oregon’s Bureau of Labor & Industries (BOLI). We can also
pursue further legal action as necessary.
Our team is committed to fighting national origin discrimination. Call
(503) 987-0000 or
contact us online to schedule a free initial case review.
What Is Considered National Origin Discrimination?
All forms of discrimination on the basis of national origin are illegal
at the federal level.
An employer cannot make employment decisions based on an employee’s
country of origin, ancestry, ethnicity, surname, or cultural identity. National origin discrimination can often overlap with
race discrimination.
You may be experiencing national origin discrimination if:
- You are being paid less than others with different nationalities for the same job
- You are repeatedly and unjustifiably targeted for discipline as a result
of your nationality or traits closely associated with your nationality
- You are consistently overlooked for promotions and advancement opportunities
despite strong work performance (especially if employees of other nationalities
with inferior work performance or lesser seniority repeatedly receive
promotions)
- You are subject to comments or insults related to your nationality or traits
closely associated with your nationality, such as your accent
- You are terminated after experiencing other forms of national origin discrimination
Discrimination Rules for Citizenship Status, Accents, and Language Fluency
Laws prohibiting national origin discrimination often extend to employment
decisions involving citizenship status, accents, and language requirements. Discrimination on the basis of these factors can often constitute national
origin discrimination due to their close relationship to one’s nationality.
The Immigration Reform and Control Act (IRCA) is a federal law that explicitly
bans employment discrimination on the basis of citizenship status if a
worker or applicant has legal permission to work in the United States. There are limited exceptions in cases where federal law mandates that a
position be filled by a U.S. citizen. Employers are also sometimes allowed
to give priority to a U.S. citizen but cannot establish a policy of regularly
prioritizing citizens.
Employers can only make decisions based on a worker’s accent if the
accident substantially interferes with the employee’s job performance. An employee cannot be disciplined or subject to adverse action simply
for having a thick or particular type of accent.
Employers can in some cases require that employees speak and be fluent
in certain languages, including English. However, language and fluency rules must be consistently applied across
the entire workforce and may not be selectively enforced. Additionally,
language rules and enforcement must be reasonably limited in scope. An
employer cannot generally require that employees only speak a certain
language while on breaks, for example.
It can sometimes be challenging to determine if you have been discriminated
against on the basis of your nationality. Our Portland national origin
discrimination attorneys can review the facts of your situation and help
determine if you have a case.