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Workplace Rights

American Journal of Nursing - December, 2001 - Volume 101, Issue 1

You're Not One of Us
When discrimination based on national origin becomes a problem

Q. Since emigrating from the Philippines eight years ago, I’ve been employed at a large teaching hospital. I’ve never been considered for promotions, although my qualifications and experience are comparable to those of other nurses who’ve been promoted. I think I’m being discriminated against because of my ethnicity. What can I do?

A.Understanding the law will help you fight back. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. This legislation makes it illegal for an employer to discriminate in any aspect of employment, including hiring and firing, compensation, and terms, conditions, and privileges. Its protections extend to individuals of all races, and its rules apply to all private employers, educational institutions, and state and local governments that employ 15 or more people. Private and public employment agencies, labor organizations, and joint labor-management committees that have jurisdiction over apprenticeships and training also must meet the requirements of Title VII.

If you suspect you’re being discriminated against because of your ethnic identity, your complaint would be classified as “national origin discrimination.” Under Title VII, employers discriminating on the basis of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group or “natural origin” are breaking the law. Title VII also makes it illegal for employers to discriminate because of a person’s marriage or association with persons of specific ethnic groups.

If an employer refuses to hire anyone who speaks with an accent, the employer may be held responsible for discrimina-tion based on national origin—unless he can prove a legitimate nondiscriminatory reason. It may also be illegal for an employer to require employees to speak English at all times on the job, unless he can show it’s necessary to the successful conduct of business. Also, employers can’t require applicants or employees to be fluent in English if the rule is maintained for the purpose of disqualifying individuals of a particular national origin.

The definition of national origin does not, however, include citizen status. Therefore, an employer is entitled to maintain a policy that requires all employees to be U.S. citizens. However, such a policy may stand in violation of the Immigration Reform and Control Act of 1986, which prohibits discrimination based on citizenship.

If you believe that you have been discriminated against, you may file a charge with the Equal Employment Opportunity Commission (EEOC), either by mail or at a local EEOC office. It’s unlawful for an employer to retaliate if an employee files a charge of discrimination, participates in an investigation, or opposes discriminatory practices. You must file within 180 days of the date of the alleged violation. However, if you live in a state or locality that has its own anti-discrimination law and agency, you may also file your complaint with that agency. This extends the time limit to approximately 300 days. If your facility is covered by a collective bargaining agreement, you should also pursue any remedies available under union contract.

If you have been discriminated against on the basis of national origin, you may be entitled to the position you would have held had discrimination not occurred. You may also be entitled to employment, promotion, reinstatement, back pay, or other remuneration, as well as compensatory and punitive damages if the employer has acted with malice or reckless indifference.

Additional Information

For more information on Title VII, contact your local U.S. EEOC field office", (800) 669-4000.