National Origin Discrimination

If your employer has treated you unfairly because of the country where you were born, then you may have a valid claim for national origin discrimination. New Jersey law prohibits this form of workplace discrimination, which you should not have to tolerate.

At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we represent employees who have experienced discrimination or harassment because of their national origin. Our attorneys are here to help you understand your rights and take meaningful steps to protect them.

What Counts as National Origin Discrimination?

National origin discrimination can affect nearly every part of your employment. It may show up when you are applying for a job, asking for a promotion, trying to transfer to another department, or simply trying to keep the position you earned. If those decisions are made based on your national origin rather than your qualifications or job performance, then your employer may have violated the law.

Sometimes national origin discrimination is driven by personal bias. A supervisor or manager might harbor unfair feelings or assumptions about people from a certain country. In other situations, it might stem from cultural differences or personal conflicts rooted in historical or political tensions. Regardless of the reason, the law does not allow your employer to base employment decisions on where you were born.

You Are Protected Even If You Were Born in the United States

You do not have to be an immigrant to experience national origin discrimination. Even if you were born in the United States, it is unlawful for your employer to treat you unfairly based on the perception that you are “foreign” or that your heritage makes you less suited for the job. These assumptions often appear in the form of derogatory comments, unfair treatment, or exclusion from workplace opportunities. Likewise, it is unlawful if your employer treats you worse because you were born in the United States, which often happens in companies that are owned or controlled by foreign companies.

Ancestry Discrimination Also is Illegal

New Jersey law also prohibits ancestry discrimination. That means your employer cannot mistreat you because of the country where your parents, grandparents, or other relatives were born. You are protected even if you have never visited that country or do not speak its language.

For example, if your supervisor assumes that you have certain beliefs, behaviors, or limitations because of assumptions or stereotypes based on your family’s heritage, and then makes employment decisions based on them, then that may qualify as unlawful ancestry discrimination.

Harassment Based on National Origin

Discrimination is not limited to hiring, firing and other tangible employment decisions. It also can take the form of hostile and offensive behavior in the workplace. You may have a claim for harassment if you have been repeatedly mocked, insulted, threatened, or isolated because of your national origin.

Under both state and federal law, harassment is legally actionable if it is so severe or frequent that it changes the conditions of your employment. This is commonly referred to as a hostile work environment. If your workplace has become toxic because of ongoing comments or conduct related to your national origin, then you should speak with an attorney about your options.

Discrimination Often Involves Multiple Biases

National origin discrimination often overlaps with other forms of discrimination, such as those based on race, color, or religion. For instance, if you are from the Middle East, South Asia, Africa, or Latin America, then you might face discrimination that targets both your ethnicity and your cultural or religious identity. In those situations, it is important to work with an employment lawyer who can evaluate all aspects of your claim.

At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we will carefully examine how your national origin, ancestry, race, or religion may have contributed to the unfair treatment you experienced.

What to Do If You Believe You Have Been Discriminated Against

If you believe that your employer has discriminated against you because of your national origin, then you should speak with an employment attorney as soon as possible. Waiting too long can limit or prohibit your ability to take legal action. An experienced attorney can help you gather information, understand your options, and decide the best course of action for your situation.

You may be entitled to compensation for lost wages, emotional distress, and other damages. You also may be able to pursue reinstatement or other corrective action depending on your circumstances.

Speak with a New Jersey National Origin Discrimination Lawyer

You do not have to face workplace discrimination alone. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we represent employees across New Jersey who have been treated unfairly based on national origin, ancestry, and related legally-protected categories.

To schedule a consultation, please call us at (201) 777-2250 or contact us online. Our main office is located at 135 Chestnut Ridge Road, Suite 230, in Montvale, New Jersey. We also offer remote consultations by Zoom or telephone for your convenience.