Title VII of the Civil Rights Act of 1964 protects employees and applicants from discrimination based on national origin. The U.S. Equal Employment Opportunity Commission (EEOC) lists employer coverage under Title VII as generally applying to employers with 15 or more employees.

The EEOC says national origin discrimination can involve treating a worker favorably or unfavorably because the person is from a particular country or part of the world, because of ethnicity or accent, or because the person appears to have a particular ethnic background.

The EEOC also makes clear that Title VII protections include Americans.

Here is what the agency’s current guidance says in plain English.

What is national origin discrimination?

According to the EEOC, national origin discrimination can involve treatment based on:

• The country or part of the world a person comes from

• Ethnicity

• Accent

• Perceived ethnic background, even when that perception is incorrect

The EEOC also says national origin discrimination can involve treating someone unfavorably because they are married to or associated with a person of a particular national origin.

Discrimination can occur even when the person accused of discrimination and the person affected are of the same national origin.

Does Title VII protect American workers?

Yes.

The EEOC states that Title VII protects employees and applicants from national origin discrimination including Americans.

Its current guidance also says national origin discrimination can include preferring foreign workers, including workers with a particular visa status, over American workers because of national origin.

What employment decisions are covered?

The EEOC says Title VII forbids national origin discrimination in any aspect of employment.

Examples listed by the agency include:

• Hiring

• Firing

• Pay

• Job assignments

• Promotions

• Layoffs

• Training

• Fringe benefits

• Other terms or conditions of employment

The EEOC also notes that national-origin-related pay discrimination can include paying visa guest workers less than similarly situated American workers when the difference is motivated by national origin.

What does the EEOC say about job advertisements?

The EEOC says Title VII bars discriminatory job advertisements.

Its current guidance gives examples of advertisements that state a preference or requirement for applicants from a particular country or with a particular visa status, including language such as “H-1B preferred” or “H-1B only.”

The EEOC also says national-origin-related disparate treatment in hiring can include making it more difficult for applicants from one national origin to apply.

One example identified by the agency involves requiring U.S. workers to use more burdensome application methods than H-1B visa holders during the PERM labor certification process.

What does national origin harassment include?

The EEOC says it is unlawful to harass someone because of national origin.

Harassment can include offensive or derogatory remarks about a person’s:

• National origin

• Accent

• Ethnicity

The agency also distinguishes unlawful harassment from less serious workplace conduct.

According to the EEOC, simple teasing, offhand comments, or isolated incidents that are not very serious generally do not violate the law.

Harassment becomes unlawful when it is so frequent or severe that it creates a hostile or offensive work environment, or when it results in an adverse employment decision such as firing or demotion.

Who can commit national origin harassment?

The EEOC says a harasser may be:

• The person’s supervisor

• A supervisor in another area

• A co-worker

• Someone who does not work for the employer, such as a client or customer

The identity of the harasser therefore is not limited to a direct manager or supervisor.

Can customer preference justify national origin discrimination?

The EEOC says certain business considerations do not excuse an employer’s preference for workers from one national origin group over another.

The agency specifically identifies:

• Lower labor costs

• Customer or client preference

• Beliefs that workers from one national origin group are more productive or have a better work ethic

Can national origin discrimination overlap with other employment laws?

Yes, depending on the facts.

The EEOC notes that some conduct involving national origin may also involve laws enforced by other federal agencies.

For example, the agency says certain hiring or recruitment practices involving national origin together with citizenship, visa, or immigration status may also fall under laws enforced by the U.S. Department of Justice Civil Rights Division.

The EEOC notes that, depending on the facts, conduct that may violate Title VII can also involve laws enforced by other federal agencies.

What does the federal guidance show?

The EEOC’s current guidance explains that national origin discrimination can involve employment decisions, recruitment practices, pay, harassment, or treatment connected to a person’s actual or perceived national origin.

The guidance also states that Title VII’s national origin protections include American workers.

From Workplace Guidance to Employment Opportunity

EEOC guidance explains federal protections against national origin discrimination in areas including recruitment, hiring, pay, and other employment decisions.

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Frequently Asked Questions

What is national origin discrimination at work?

The EEOC describes national origin discrimination as favorable or unfavorable treatment connected to where someone comes from, their ethnicity or accent, or a perceived ethnic background.

Are Americans protected from national origin discrimination?

Yes.

The EEOC states that Title VII’s national origin protections include Americans.

Can someone experience discrimination because of their spouse’s national origin?

Yes.

The EEOC says national origin discrimination can involve unfavorable treatment because someone is married to or associated with a person of a particular national origin.

Can a job advertisement create a national origin discrimination issue?

The EEOC says Title VII bars discriminatory job advertisements, including certain advertisements expressing a preference or requirement based on country of origin or visa status.

Is every offensive comment about national origin unlawful harassment?

No.

The EEOC distinguishes simple teasing, offhand comments, and isolated incidents that are not very serious from conduct that is sufficiently frequent or severe to create a hostile or offensive work environment.

Source Note:

This article summarizes the current national origin discrimination guidance published by the U.S. Equal Employment Opportunity Commission.

It is intended to make the agency’s information easier to understand and does not provide legal advice.

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Sources & References

U.S. Equal Employment Opportunity Commission. (n.d.). National origin discrimination. https://www.eeoc.gov/national-origin-discrimination