National Origin Discrimination at Work: Your Rights in California and New York

If your employer has ever mocked your accent, pressured you to speak only English, or passed you over for a promotion because of where you were born, you’ve likely experienced national origin discrimination at work — and the law has something to say about that. Both federal law and the stronger state statutes in California and New York make national origin discrimination illegal at every stage of employment, from hiring to firing. Understanding exactly what protections apply to you, and how to act on them, can be the difference between letting a violation slide and getting real relief.

What Is National Origin Discrimination Under Federal and State Law?

National origin discrimination is adverse treatment of an employee or job applicant because of their actual or perceived country of birth, ancestry, ethnicity, native language, or cultural background. Under Title VII of the Civil Rights Act of 1964 — the primary federal statute prohibiting workplace discrimination — employers with 15 or more employees are barred from discriminating on the basis of national origin in hiring, pay, assignments, promotions, discipline, and termination.

California and New York go considerably further than the federal floor, covering smaller employers and providing broader remedies. Workers in both states benefit from state-level protections that expand on — and in many cases exceed — what Title VII requires.

Laws That Protect You: Title VII, FEHA, NYSHRL, and NYCHRL

Four main laws create overlapping layers of protection against national origin discrimination:

Title VII of the Civil Rights Act of 1964 prohibits national origin discrimination by employers with 15 or more employees. It is enforced by the Equal Employment Opportunity Commission (EEOC).

The Fair Employment and Housing Act (FEHA) is California’s primary anti-discrimination statute. FEHA applies to employers with five or more employees — a meaningfully lower threshold than Title VII — and covers discrimination based on national origin, ancestry, and related characteristics. The California Civil Rights Department (CRD, formerly the DFEH) enforces FEHA.

The New York State Human Rights Law (NYSHRL) prohibits national origin discrimination by employers with four or more employees and has been substantially strengthened in recent years, including amendments in 2019 that aligned many of its standards with the broader New York City Human Rights Law.

The New York City Human Rights Law (NYCHRL) is widely considered one of the most protective employment discrimination laws in the country. It covers employers with four or more employees within New York City and applies a more plaintiff-friendly standard — requiring only that national origin was a factor in the adverse action, not necessarily the primary or determinative one.

For a broader look at how these laws interact across different types of bias, see our guide on types of employment discrimination in California and New York.

Common Examples of National Origin Discrimination at Work

National origin discrimination at work takes many forms, some obvious and others subtle. Common examples include:

Hiring decisions: Refusing to interview or hire applicants because of their last name, accent, or country of birth
Promotion denials: Passing over qualified employees for advancement because of their national origin while promoting less-qualified colleagues
Pay disparities: Paying workers born in certain countries less than similarly situated coworkers without objective justification
Differential discipline: Applying workplace rules more harshly to employees of a particular national origin
Job assignments: Steering employees toward lower-status or less desirable roles based on where they’re from
Termination: Firing an employee in circumstances that suggest their national origin was a motivating factor

Discrimination does not need to be explicit to be unlawful. An employer who says “our customers prefer to deal with people from around here” and uses that rationale to make employment decisions is engaging in national origin discrimination, even without using overtly discriminatory language.

Accent, Language, and English-Only Workplace Policies

One of the most contested areas of national origin discrimination involves accent and language. An employer may not take an adverse employment action against a worker simply because they speak with an accent — unless the employer can demonstrate that the accent materially interferes with the ability to perform the job’s essential duties. A customer service manager whose heavily accented speech causes genuine communication problems in a role requiring extensive client calls is different from a warehouse worker whose accent has no bearing on job performance.

English-only workplace policies are another common source of claims. Under EEOC guidance, a blanket rule requiring employees to speak only English at all times — including during breaks and personal conversations — is presumed to violate Title VII. An employer may impose a legitimate English-only rule during specific work activities if it can show the rule is justified by business necessity. Under FEHA, California takes an especially rigorous view of English-only policies: the California Code of Regulations makes clear that such policies must be narrowly tailored and supported by legitimate, documented business reasons.

If your employer has punished you for speaking your native language during non-work activities, or has applied a language policy selectively against workers of certain backgrounds, that treatment may constitute national origin discrimination.

National Origin Harassment and Hostile Work Environment

National origin harassment occurs when an employee is subjected to unwelcome conduct based on their national origin that is severe or pervasive enough to create a hostile work environment — meaning it alters the terms or conditions of employment. A hostile work environment is a legal term of art: it refers to a workplace made abusive by discriminatory conduct, not merely an unpleasant or stressful one.

Actionable harassment can include ethnic slurs, derogatory comments about an employee’s home country, mimicking accents in a mocking way, stereotyping, or social exclusion based on national origin. Isolated, minor incidents typically do not meet the legal threshold — but a pattern of conduct, or a single severe incident (such as a physical threat tied to national origin), can create a legally cognizable hostile work environment.

Employers are liable for harassment by supervisors and, in some circumstances, by coworkers and even customers if the employer knew or should have known about the conduct and failed to take corrective action.

How California’s FEHA Differs From Federal Title VII Protections

California’s FEHA provides substantially stronger protections than federal Title VII in several important respects:

Lower employer coverage threshold: FEHA covers employers with five or more employees, compared to Title VII’s 15-employee minimum. This means millions of California workers employed by small businesses have state-law protection that federal law doesn’t reach.

Broader definition of protected characteristics: FEHA explicitly covers ancestry and national origin as distinct (though related) categories, offering protection not only based on where someone was born but also on their family lineage and perceived ethnic background.

Higher damages ceiling: FEHA does not cap compensatory and punitive damages the way federal law does. Title VII caps combined damages based on employer size (ranging from $50,000 for employers with 15-100 employees to $300,000 for employers with more than 500 employees). FEHA imposes no such cap, which can result in significantly larger recoveries for California plaintiffs.

Civil penalties for willful violations: Under FEHA, a court can impose a civil penalty of up to $25,000 per violation when an employer has engaged in a pattern or practice of discrimination, providing an additional deterrent beyond individual remedies.

Attorney fees: FEHA requires a court to award attorney fees to a prevailing plaintiff, making it economically viable to pursue claims that might otherwise be too costly to litigate.

For a detailed comparison of how these two frameworks operate side by side, see our post on how FEHA compares to federal Title VII protections.

How New York Law Extends Protections Beyond Federal Standards

New York offers workers two layers of protection beyond Title VII: the NYSHRL and, for New York City employees, the NYCHRL.

NYSHRL amendments (2019): New York’s legislature significantly strengthened the NYSHRL in 2019 by eliminating the requirement that harassment be “severe or pervasive” to be actionable. Under the current standard, harassment is unlawful if it subjects the employee to inferior terms, conditions, or privileges of employment because of their national origin — even if it does not rise to the severe-or-pervasive level required under federal law. The NYSHRL now also covers employers with four or more employees and extends protections to independent contractors.

NYCHRL’s broader standard: The New York City Human Rights Law uses the most plaintiff-favorable standard of the three frameworks. Under the NYCHRL, a plaintiff need only show that they were treated less well than other employees, at least in part because of their national origin. Courts have interpreted this to mean that even relatively minor differential treatment can be actionable if national origin was a contributing factor.

Expanded remedies under New York law: Both the NYSHRL and NYCHRL allow recovery of compensatory damages, back pay, front pay, punitive damages, and attorney fees. The NYCHRL also allows recovery for emotional distress without a separate showing that the distress was severe.

How to Document National Origin Discrimination

Solid documentation is the foundation of any discrimination claim. Start building your record from the moment you notice a pattern of discriminatory treatment — do not wait until you are terminated or formally disciplined.

What to document:

Dates, times, locations, and witnesses for every discriminatory incident
Exact words used by supervisors or coworkers who made discriminatory comments
Written communications: save emails, texts, Slack messages, or other electronic communications that contain discriminatory language or reveal discriminatory intent
Performance records: save any positive reviews, awards, or commendations that contradict a pretextual narrative that you were underperforming
Comparator evidence: note whether similarly situated coworkers of different national origins were treated more favorably in the same circumstances
HR complaints: keep a copy of any internal complaint you filed and any written response you received

Store copies of important documents somewhere your employer cannot access — such as a personal email account or a secure home location. Do not forward confidential company documents without understanding your employer’s policies and the applicable law, but you are generally entitled to retain documents you received in the ordinary course of your work.

How to File a Complaint: EEOC, CRD, and NYSDHR

If you believe you’ve experienced national origin discrimination at work, you have several agency options depending on your state:

EEOC: The Equal Employment Opportunity Commission accepts charges of discrimination under Title VII. Filing an EEOC charge is a prerequisite to filing a federal lawsuit under Title VII. The EEOC investigates, and if it does not resolve the charge, it issues a “right to sue” letter that allows you to proceed in federal court.

California Civil Rights Department (CRD): To sue under FEHA in California, you must first file an administrative complaint with the CRD and receive a right-to-sue notice. California workers may file with the CRD rather than (or in addition to) the EEOC — the agencies have a work-sharing agreement and will cross-file charges on request.

New York State Division of Human Rights (NYSDHR): New York workers can file NYSHRL complaints with the NYSDHR. Alternatively, they may file directly in state court without first exhausting the administrative process — an important procedural option that California does not offer for FEHA claims.

NYCHRL: Workers filing New York City Human Rights Law claims may file with the New York City Commission on Human Rights or directly in court.

Note that filing with one agency generally satisfies the administrative prerequisites for the other in the same state, but you should consult an attorney before choosing your filing path to preserve all available options.

Deadlines to Know: Statutes of Limitations in California and New York

Missing a filing deadline can permanently bar your claim, regardless of how strong it is. Statutes of limitations in this area are strict.

Federal (EEOC): You must file an EEOC charge within 180 days of the discriminatory act — or within 300 days if you work in a state (like California or New York) that has its own anti-discrimination agency. Most workers in California and New York have the 300-day window, but confirming this with an attorney is essential.

California (FEHA): A complaint with the CRD must be filed within three years of the unlawful act (this deadline was extended from one year by AB 9 in 2020). After obtaining a right-to-sue notice, you generally have one year to file a civil lawsuit.

New York (NYSHRL): As of February 2020, the statute of limitations for NYSHRL claims is three years for most employment discrimination claims, extended from one year under prior law.

New York City (NYCHRL): Claims under the NYCHRL must be filed with the NYC Commission on Human Rights within one year of the discriminatory act, or within three years if filed directly in court.

Because these deadlines are measured from individual acts of discrimination (not from when you stopped working there), acting promptly after experiencing discrimination is critical.

What Remedies Are Available If You Win Your Claim

If your national origin discrimination claim succeeds, the remedies available depend on which law you pursue and the specific facts of your case. Potential remedies include:

Back pay: Wages, salary, and benefits you lost as a result of the discriminatory action
Front pay: Compensation for future lost earnings if reinstatement is not practicable
Compensatory damages: Compensation for emotional distress and other non-economic harm
Punitive damages: Available under Title VII, FEHA, and New York law when the employer’s conduct was malicious or in reckless disregard of your rights
Reinstatement: Return to your former position (or a comparable one), though this remedy is less commonly sought
Attorney fees and costs: FEHA mandates attorney fee awards for prevailing plaintiffs; Title VII and New York law also provide for attorney fee recovery
Civil penalties: FEHA authorizes additional civil penalties of up to $25,000 per violation in cases involving a pattern of discrimination

Under FEHA, the absence of a damages cap means that California plaintiffs with documented harm may pursue larger recoveries than federal law alone would permit.

When to Consult an Employment Attorney

You should consult an employment attorney as soon as you believe you have experienced national origin discrimination — ideally before you file any complaint, resign, or sign any document your employer presents. An attorney can help you evaluate whether your situation meets the legal standard for actionable discrimination, identify which laws apply (federal, state, and city), choose the right agency and filing path, preserve and gather evidence effectively, and avoid procedural missteps that could limit your options.

Because employment discrimination cases involve layered statutes, state-specific rules, and tight filing deadlines, early legal advice is one of the most valuable steps you can take. Attorneys who handle employment discrimination claims in California and New York typically offer free initial consultations and work on a contingency basis — meaning no fee unless you recover.

If you’ve experienced national origin discrimination at work, request a free case evaluation to discuss your rights under FEHA, the NYSHRL, NYCHRL, or Title VII with an attorney who handles California and New York employment law.

Frequently Asked Questions About National Origin Discrimination at Work

What counts as national origin discrimination at work? National origin discrimination is adverse treatment based on an employee’s actual or perceived country of birth, ancestry, ethnicity, or native language. It is illegal under Title VII, California’s FEHA, the New York State Human Rights Law, and the New York City Human Rights Law. The discrimination can occur in hiring, pay, promotions, assignments, or termination.

Can my employer require me to speak only English at work? An employer may impose an English-only rule during specific work activities if it can demonstrate a legitimate business necessity for the policy. However, a blanket English-only rule that applies to all times — including breaks and personal conversations — is presumed to violate Title VII under EEOC guidelines, and FEHA in California imposes additional scrutiny on such policies. Selectively applying language rules against workers of certain national origins can itself constitute discrimination.

How long do I have to file a national origin discrimination claim in California? In California, you must file a complaint with the Civil Rights Department (CRD) within three years of the discriminatory act under FEHA. If you are pursuing a federal Title VII claim through the EEOC, you have 300 days from the discriminatory act to file your charge. After receiving a right-to-sue notice from the CRD, you generally have one year to file a civil lawsuit.

Does FEHA cover small employers that Title VII does not? Yes. FEHA applies to employers with five or more employees, compared to Title VII’s threshold of 15 or more employees. This means California workers at small businesses that fall below the federal threshold still have state-law protection against national origin discrimination.

What should I do first if I think I’ve been discriminated against because of my national origin? Start documenting everything immediately: dates, witnesses, exact statements, and any written communications. File an internal complaint with HR if you feel safe doing so and keep a copy. Then consult an employment attorney before taking further action — an attorney can advise you on which agencies to file with, in what order, and how to preserve all of your available legal options before any deadlines pass.

Attorney advertising. Past results do not guarantee future outcomes. Statutes of limitations can bar your claim if you delay — contact an attorney promptly if you believe you have experienced national origin discrimination at work.