Immigration laws are getting a lot of attention lately, with many wondering what their rights are under current laws. Fortunately, all workers are guaranteed certain rights in California, regardless of immigration status. Read on to learn more about California immigration laws and your rights as an immigrant worker.
Both federal and California law prohibit national origin discrimination in the workplace. Title VII of the Civil Rights act forbids discrimination at work based on the country where you were born, or your ancestry, culture, accent, or language.
In addition to Title VII, the California Fair Employment and Housing Act (FEHA) makes it unlawful for a California employer to treat you unfavorably based on your national origin. It also makes it illegal to do so because of your association with a person, such as a spouse, based on his or her national origin.
Note that for both laws, national origin is separate from racial discrimination, which is when you are discriminated against for your physical characteristics and genetic traits that you share with a group, such as skin color, hair texture, or facial features.
Clothing retailer Forever 21 could be in violation of the California Fair Employment and Housing Act (FEHA). San Francisco Business Times reports that the company has been sued by the California Department of Fair Employment and Housing (DFEH) for allegedly putting in place an English-only policy for its workers in its San Francisco store.
For the first time in 14 years, the United States Equal Employment Opportunity Commission (EEOC) has updated its guidance on national origin discrimination in the workplace. Issued on November 18, 2016, the guidance addresses new categories of national origin discrimination, clarifies the definition of “national origin,” and informs employers on what constitutes “ethnicity” and “place of origin” discrimination.
The Equal Employment Opportunity Commission (EEOC) has recently issued new guidelines on national origin discrimination in the workplace. These guidelines have remained unchanged for nearly fifteen years.
The EEOC enforces several federal laws regarding equality in the workplace, including Title VII of the Civil Rights Act, which forbids employment discrimination on the basis of national origin. Of all of the complaints made to the EEOC regarding private-sector employees in 2015, about 11% of them were regarding national origin discrimination. In the guidelines, the EEOC acknowledges that immigrants make up a disproportionate share of some of the fastest-growing industries in the U.S., adding to the importance of clear guidelines against discrimination.
A woman has sued the Getty Foundation alleging she was turned down for its Multicultural Undergraduate Internship because she is white.
Samantha Neimann filed the discrimination lawsuit in Los Angeles Superior Court on April 29 where she accused the Getty of violating her civil rights, racial discrimination and harassment, plus retaliation. Niemann seeks unspecified compensatory and punitive damages.
Are you thinking about suing your employer for race discrimination? While this type of unlawful employer behavior is the most common in the United States according to current EEOC charge statistics, you may want to reassess your situation before contacting an employment attorney. This is because, while race and national origin often overlap, many employees mistake race discrimination for national origin discrimination. And although they may sound the same, California and federal employment laws address each protected class separately. This common mistake is easy to make since your race is usually connected to your national origin. So, how do you know if you’re being subjected to workplace discrimination due to your race, or if it’s related to your national origin?
Are you facing national origin discrimination at work? If so, your employer’s negative behaviors could be violating both California and Federal law. Pursuant to the California Fair Employment and Housing Act (FEHA), it is illegal for your employer or potential employer to subject you to adverse employment actions based on your actual or perceived national origin or ancestry. It is also unlawful if your employer knowingly allows a hostile work environment due to your national origin.
National origin discrimination and harassment violates Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act, but still occurs in the workplace. Activity constituting national origin discrimination in California can come in a variety of forms, ranging from harassment due to your accent, denial of training because you were born in a different country, and even wrongful termination based on your ancestry. At times, it can be difficult to know whether or not your employer’s negative behaviors are unlawful, so it’s important to understand what workplace discrimination can look like in real employment settings.
Immigrants living in California will have one less thing to worry about when it comes to the possibility of facing national origin discrimination thanks to both State Sen. Tony Mendoza (D) and Gov. Jerry Brown (D).
An Important Update to California Labor Law
On Monday, Aug. 13, California Gov. Jerry Brown signed legislation that will remove the word “alien” in reference to undocumented immigrants in California’s labor code.
This measure takes effect on Jan. 1, 2016 and seeks to revamp and modernize the language used in California laws. Not only that, but Brown signed two other bills which both update immigration policy. All three of these initiatives will help show the nation that California respects cultural diversity and the contributions of all Californians — regardless of their national origin.
Have you been discriminated against on the job because of your national origin? If so, you should talk to an employment attorney to help you file a workplace discrimination complaint. But before filing, it is important to know what national origin discrimination looks like and how California and Federal law can protect you from these discriminatory employer behaviors.
The information below will give you the facts on national origin discrimination and harassment in California, common signs you are being subjected to discrimination due to your national origin, and what you can do about it right now.