National Origin Discrimination

Whether an employee or job applicant's ancestry is Mexican, Ukrainian, Filipino, Arab, American Indian, or any other nationality, he or she is entitled to the same employment opportunities as anyone else. EEOC enforces the federal prohibition against national origin discrimination in employment under Title VII of the Civil Rights Act of 1964, which covers employers with fifteen (15) or more employees.

"With American society growing increasingly diverse, protection against national origin discrimination is vital to the right of workers to compete for jobs on a level playing field," said EEOC Chair Cari M. Dominguez, announcing the issuance of recent guidance on national origin discrimination. "Immigrants have long been an asset to the American workforce. This is more true than ever in today's increasingly global economy. Recent world events, including the events of September 11, 2001, only add to the need for employers to be vigilant in ensuring a workplace free from discrimination."

About National Origin Discrimination

National origin discrimination means treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality. Examples of violations covered under Title VII include:

• Employment Decisions
  Title VII prohibits any employment decision, including recruitment, hiring, and firing or layoffs, based on national origin.
• Harassment
  Title VII prohibits offensive conduct, such as ethnic slurs, that creates a hostile work environment based on national origin. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Likewise, employees are responsible for reporting harassment at an early stage to prevent its escalation.
• Language
  • Accent discrimination
    An employer may not base a decision on an employee's foreign accent unless the accent materially interferes with job performance.
  • English fluency
    A fluency requirement is only permissible if required for the effective performance of the position for which it is imposed.
  • English-only rules
    English-only rules must be adopted for nondiscriminatory reasons. An English-only rule may be used if it is needed to promote the safe or efficient operation of the employer's business.

Coverage of foreign nationals

Title VII and the other antidiscrimination laws prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization.

Statistics

In Fiscal Year 2002, EEOC received 9,046 charges of national origin discrimination. Including charges from previous years, 9,952 charges were resolved, and monetary benefits for charging parties totaled $21 million (not including monetary benefits obtained through litigation).

Need more information?

For more detailed information, including a comprehensive discussion of these and other issues, please see EEOC's newly issued Compliance Manual Section on National Origin Discrimination and the accompanying Question and Answers. You may also refer to EEOC's guidelines on national origin discrimination in the Code of Federal Regulations, at 29 C.F.R. Part 1606, or to the text of Title VII of the Civil Rights Act.

We also have information on:

• Other Federal Laws Prohibiting National Origin Discrimination in Employment, and
• Related Forms of Discrimination

Employees should also see:

• Questions and Answers About the Workplace Rights of Muslims, Arabs, South Asians, and Sikhs Under the Equal Employment Opportunity Laws
• How to File a Charge of Employment Discrimination

Employers should also see:

• Questions and Answers About Employer Responsibilities Concerning the Employment of Muslims, Arabs, South Asians, and Sikhs
• When a Charge Is Filed Against Your Company
• Information for Small Employers

If you want more information on enforcement and litigation of charges, please see:

• Charge statistics, providing the number of charges filed and resolved alleging national origin discrimination
• Charge statistics, broken out by issue, (including Z stats);
• Litigation statistics, providing the number of lawsuits filed by the EEOC that allege national origin discrimination; and
• Summaries of recent successes involving national origin claims in litigation and the administrative process.

Training and Outreach

The EEOC engages in widespread training and outreach to educate employees and employers about their rights and responsibilities under the EEO statutes. For information about upcoming programs, please contact the EEOC Outreach Program Coordinator in your area.

This page was last modified on Januray 14, 2004.

Return to Home Page