National Origin (Ethnicity) Discrimination
National origin, or ethnicity, is not physical characteristics. Instead it means someone's Nationality, Ancestry, Culture, Language, and Beliefs. National origin is not the same as citizenship. National origin is also not the same as race. Someone may be labeled Japanese, but it may be difficult to know if the label applies to their race, national origin, or both. Remember Hispanic is not a race but a national origin.
Examples of national origin discrimination:
- Asking an applicant, employee, or co-worker where their family is from, often repeatedly, when the answer is not another country
- A hardware store that serves a predominantly white neighborhood refuses to promote an employee who has adopted a traditional African style of dress
- A Chinese restaurant that hires only people with Asian features and surnames to wait on customers
- An automotive supply store that disciplines Latino employees more severely than white employees for unexcused absences and tardiness.
Harassment because of a person's language or accent is also discrimination and is not acceptable.
An English-only rule may violate Title VII and Texas law unless it is necessary for business operations or worker safety. Such a rule may be justified in these circumstances:
- Communications with customers or co-workers who only speak English
- Emergencies or similar situations where a common language is needed to promote safety
- Work assignments in which the English-only rule promotes efficiency.
If an employer believes that such a rule is necessary, employees should be informed of the rule and the reason it is required for business operations. A rule requiring employees to speak only English in the workplace at all times, including breaks and lunch time, is rarely justified.