National Origin Discrimination

Federal statutes like the Civil Rights Act of 1964 are widely-known and frequently invoked in cases of allegedly unlawful discrimination or harassment. The Civil Rights Act prohibits discrimination based on a wide range of factors, including race, gender, and religion. Other statutes also protect workers from specific types of discrimination. The federal Immigration and Nationality Act (INA), for example, prohibits employment discrimination based on national origin or, in some cases, citizenship status. While the principal purpose of this statute is to protect United States citizens, it can also protect immigrants with employment authorization in many situations.

Section 274B of the INA, codified at 8 U.S.C. § 1324b, prohibits employers from discriminating in hiring or firing individuals, as well as other features or benefits of employment, based on national origin. For United States citizens and legally-admitted immigrants, the statute prohibits discrimination based on citizenship status. This includes anyone admitted as a legal permanent resident, also known as a green card, and anyone authorized by immigration authorities to work in the United States. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) handles alleged discrimination in violation of the INA.

The law differs from other federal anti-discrimination laws in two important respects. First, it does not protect undocumented immigrants or immigrants without employment authorization. It also does not prohibit employers from giving U.S. citizens preference over non-citizens, provided the applicants are otherwise equally qualified. The statute specifically prohibits filing overlapping claims with the OSC and the Equal Employment Opportunity Commission (EEOC), which investigates alleged violations of the Civil Rights Act.
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A Jersey City woman, who has been a housekeeper for 25 years to many of New York City’s rich and famous, alleges she was denied a job based on her Filipino heritage, The New York Daily News reports.

Discrimination based on one’s national origin has no place in New Jersey, New York or elsewhere in this country. If you feel someone has refused you a job, promotion or duty that you are otherwise qualified for based on your nationality, contact New Jersey Employment Lawyers.The woman filed a complaint with the New York City Commission on Human Rights , which has opened a probe into the allegations.

According to the news story, the woman applied to be the head housekeeper for a Russian-born billionaire, considered to be one of the wealthiest men in the United States. She cleaned the fireplace and vacuumed floors as an interview at his $50 million Manhattan home.

But she later discovered that the man’s butler had written “No Philippines, thanks” in an email to a man who was hired to place domestic help with the rich and famous. The billionaire’s spokesman denied any bias, saying the woman is a good worker, but not a good fit for the family.

America is likely the world’s most diverse nation and while that is a point of pride, it can also lead to discrimination. That discrimination can lead to a violation of the New Jersey Law Against Discrimination, the New York City Human Rights Law or the New York Human Rights Law.

These laws are designed to protect people from harsh and illegal decisions made by employers. If you feel you have been denied a job or a promotion, or have been harassed or paid less than co-workers, and it adversely affected your career or employment, you may need to take legal action.

Often, this type of discrimination is subtle or happens behind closed doors, but an investigation into the conduct can reveal facts you may not have known but had believed to be true all along. By hiring the right New Jersey employment law attorney, you will find out all the facts you need to know to pursue justice.
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Articles Posted in National Origin Discrimination

Federal Immigration Laws Protect Employees from Discrimination Based on National Origin

Jersey City Housekeeper Alleges Discrimination By New York City Billionaire