National Origin Discrimination Attorney

National origin discrimination involves treating someone unfavorably because of their country of origin, ethnicity, accent, or appearance associated with a national origin group. It also includes discrimination based on association with people of a certain national origin. Title VII, FEHA, and New York Human Rights Law all prohibit national origin discrimination.

In California, English-only rules are presumed unlawful unless the employer can demonstrate business necessity and has notified employees of the policy. Under FEHA (Gov. Code § 12951), employers must show the restriction is justified by a specific business need, applied only at necessary times, and employees were informed of consequences. New York law similarly disfavors such policies.

Generally, no. Accent discrimination is a form of national origin discrimination. An employer can only consider an accent if it materially interferes with job performance — and the employer bears the burden of proving this. Courts scrutinize accent-based decisions closely because they are often a proxy for national origin bias.

Regardless of immigration status, you are protected by anti-discrimination laws. Both California and New York explicitly prohibit employers from threatening to report immigration status as retaliation. California Labor Code § 1019 makes it illegal for employers to use immigration status to retaliate against employees who assert workplace rights.