National Origin Discrimination
New York State and New York City are melting pots. People have always come here as immigrants and they have enriched our community. Yet we often get calls from employees that they are being treated differently because of where they came from, not who they are. That is illegal. You are being treated badly because of where you come from, or because of your parents' national origin. People of other national origins are getting more money for the same job, more promotions, more overtime and more training, and better performance evaluations. Yet you are just as qualified, and maybe you are more qualified. Yet the people of another national origin are treated more favorably, just because of the country they come from. That is not right, and it's illegal. You cannot be subjected to national origin discrimination at work. Federal Law, New York State Law, and New York City Law prohibit it. Sometimes you tell us that you are subjected to a hostile environment based on your national origin at work. People are using those explicit offensive words, they are leaving offensive pictures on your desk, and sending you offensive e-mails. Or they use code words, but you and the harasser know what they mean, you don't have to spell it out when you want to insult someone because of the their national origin. A hostile environment based on national origin is illegal under Federal Law, New York State Law, and New York City Law.
Your national origin is the country that you were born in or from which your ancestors come. In one Supreme Court case, the employee was born and brought up in Argentina, but the father and mother were born elsewhere. The court found that the employee was of Hispanic national origin because Hispanic culture predominates in Latin America. Similarly, if you are discriminated against based on the fact that you were born an Arab, the exact place, nation or religion in which you were born will not affect a claim of national origin discrimination, in a case where you are being subject to discrimination based on your ancestry and ethnic characteristics. It is also possible for the person who discriminates and the person who is discriminated against to be from the same geographic area, if there is derogatory stereotyping based on ethnicity and ancestry. In one case, for example, both persons were of Hispanic origin, but one was Dominican and the other was Puerto Rican. Discrimination against you based on your accent is against the law, provided the actual extent of any communication problem does not materially interfere with the performance of the essential duties of your job.
In our more than 25 years of experience, we have helped many employees subjected to national origin discrimination and to a hostile environment based on national origin, and we will be your lawyer for negotiations or a court suit in New York State Courts or New York City so that injustice is stopped.
Contact us online or call us at (212) 949-1001 for a free initial consultation today to see wheter your New York City employer is discriminating against you based on your national origin.