New York City National Origin Discrimination Lawyer

According to the Furman Center, New York City has one of the most diverse populations in the United States. It is one of the few cities in the U.S. where four different racial or ethnic groups each make up at least 10% of the population. Cultural identities are vast, so it is important to know when discrimination occurs in the workplace based on national origin. Here at Brown Kwon & Lam, we believe that all employees have the right to be treated justly.

Take the first step toward resolving your case with a skilled national origin discrimination lawyer. Reach out or call (212) 295-5828 now to set up your consultation.

What is National Origin Discrimination?

According to the U.S. Equal Employment Opportunity Commission (EEOC), national origin discrimination “involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).”

This includes the person’s cultural identity and anyone married to someone of a certain national origin. National origin discrimination can happen between a victim and perpetrator who are of the same national origin.

National Origin Discrimination in the Workplace

Under federal law, discrimination based on someone’s national origin, perceived or actual, is forbidden in any aspect of employment. This includes the hiring, firing, pay, assignments, promotions, layoffs, training, benefits, or any other term or condition of employment.

Harassment in the workplace on the basis of national origin can also include offensive or derogatory remarks about a person’s national origin, accent, or ethnicity.

The law does not prohibit teasing, offhand comments, and isolated incidents that are not considered serious by the hypothetical victim. 

Perpetrators of such harassment can be:

• The victim’s supervisor
• A supervisor in another business area
• The victim’s co-worker
• A client or customer

When Policies Impede Employee Rights

Policies cannot appear to apply to everyone in a company but have a negative impact on a certain national origin that is not job-related.

For example, policies on language spoken must be directly related to the job and not be based on discriminatory reasons. So, an employer can only have an English-only rule for the safety or operations of the position. An English-only rule is prohibited in workplaces where speaking English does not affect an employee’s ability to do the job safely and well.

In addition, an employer may not have policies or make employment decisions based upon an employee’s accent. There are exceptions when an accent seriously interferes with the employee’s job performance.

Citizenship Discrimination

Under the Immigration Reform and Control Act of 1986 (IRCA), it is illegal for an employer to discriminate in any aspect of hiring based upon an individual’s citizenship or immigration status. For example, companies cannot hire only U.S. citizens unless it is required by law, regulation, or government contracts.

In addition, the IRCA applies to all employers with four or more employees. It protects anyone employed by or seeking employment with organizations that fall outside of the Civil Rights Act’s limitations.

Under the Act, an employer may ask for employment verification documents. They cannot, however, require any further documentation outside of those required by the Immigration and Citizenship Services regulations.

The IRCA also prohibits retaliation against potential or current employees for:

• Asserting their rights under the Act
• Filing a charge
• Assisting in an investigation under IRCA

Similar protections also exist under the New York State and New York City Human Rights laws.

What Should I Do If I Experience National Origin Discrimination at Work?

If you encounter national origin discrimination in your workplace in New York, it is essential to take specific actions to safeguard your rights and pursue justice.

Here’s what you should do:

The following steps can help you respond effectively and protect your rights:

• Document the discrimination by keeping a detailed record of dates, times, locations, people involved, and what was said or done, as well as any impact on your work.
• Report the event through the channels described in your employee handbook, which often include your supervisor, HR department, or another designated contact.
• Make a complaint to the NYSDHR or EEOC if internal reporting does not resolve the problem or if you feel unsafe raising the issue only within your company.
• Seek legal counsel from national origin discrimination attorneys in New York City at Brown Kwon & Lam so you can understand your legal options before making major decisions.
• Protect yourself from retaliation by noting any negative changes in your schedule, duties, or evaluations that occur after you speak up, and raising these promptly with your attorney.

Taking these steps can help ensure that your rights are protected and that you receive the support and justice you deserve. Consulting with an attorney can provide you with the guidance and advocacy needed in these challenging situations.

How Our Firm Approaches National Origin Discrimination Cases

When you come to us with concerns about national origin discrimination, we begin by listening to what has happened and what you hope to change. We review relevant documents, including emails, performance reviews, policies, and pay records, to understand the circumstances. We then identify potential claims under federal, New York State, and New York City laws and discuss options such as internal resolution, agency charges, or litigation.

Our team handles cases through negotiations, mediation, and, when necessary, court proceedings in New York County and federal courts in Manhattan and Brooklyn. Because our attorneys have represented both employees and employers, we understand the strategies companies and their counsel may use in these disputes.

Clients can expect:

• Direct communication: Work with the partners handling your matter.
• Clear guidance: Receive prompt answers and understand what to expect at each stage.
• Practical options: Explore settlement, mediation, agency proceedings, or litigation based on your goals.
• Focused advocacy: We work to gather relevant evidence and pursue outcomes that address concerns such as lost wages, emotional harm, and workplace practices.

Throughout your case, our goal is to provide steady, personalized guidance so you can make informed decisions while knowing your concerns are being taken seriously.

Experienced Attorneys Fighting National Origin Discrimination in New York City Workplaces

At Brown Kwon & Lam, our seasoned attorneys are devoted to advocating for individuals facing national origin discrimination in the workplace. Backed by years of experience, we know how to handle the complexities of these types of cases and are dedicated to offering our clients the strong legal representation necessary to pursue justice.

Our attorneys who focus on national origin discrimination are equipped to assist you with:

• Filing claims with the Equal Employment Opportunity Commission (EEOC)
• Negotiating fair settlements with employers
• Providing court representation if needed
• Offering guidance and support throughout the legal process

If you have experienced national origin discrimination at your New York City workplace, reach out for a confidential consultation. We are committed to advocating for your rights and holding employers accountable for discriminatory practices.

Don't hesitate—reach out to our experienced New York City national origin discrimination attorneys now. Complete an online form to take the next step.

Frequently Asked Questions

How Do I Know If What I Am Experiencing Is Illegal National Origin Discrimination?

Not every rude comment or disagreement at work is against the law. National origin discrimination typically involves patterns of unfair treatment, harassment, or decisions about hiring, firing, pay, or promotions that are tied to where you are from, your accent, or your perceived ethnicity. An attorney can help you sort through what has happened and compare it to the legal standards under federal, New York State, and New York City laws.

Can I Bring a Claim If I Am Still Working for My Employer?

In many cases, you can pursue a discrimination claim while you are still employed. Some people choose to report concerns internally and then file with an agency such as the EEOC, the New York State Division of Human Rights, or the NYC Commission on Human Rights. It is also common to seek advice before taking any steps so you understand possible outcomes and ways to reduce the risk of retaliation.

What Types of Evidence Are Helpful in a National Origin Discrimination Case?

Useful evidence can include emails or messages with discriminatory remarks, notes of conversations, performance evaluations, schedules or assignment records, and copies of company policies. Information about how other employees are treated can also matter, especially if it shows that people of certain backgrounds are consistently denied opportunities. Keeping a detailed timeline can make it easier to explain your experience to an attorney or an agency.

Is There a Time Limit to File a National Origin Discrimination Complaint?

There are deadlines for bringing discrimination claims, and they vary depending on where you file. Federal, state, and city forums each have their own time limits, measured from when the discriminatory conduct occurred. Because these rules can be technical, it is important to speak with a lawyer promptly so that you do not miss an option that might be available to you.

Contact the New York City National Origin Discrimination Attorneys Today

You are entitled to a safe work environment with equal opportunities and rights. Your perceived or actual national origin should not matter to your job.

But when your employer discriminates against you, you deserve justice. 

If you believe that you were a victim of national origin discrimination or harassment, contact Brown Kwon & Lam today.