National origin is a protected class in the workplace. The U.S. Equal Employment Opportunity Commission (EEOC) prohibits treating job applicants or employees unfavorably or favorably because they are from a particular country/part of the world, because of ethnicity/accent or because they appear to be of a certain ethnic background, even if they are not.
The Texas Workforce Commission (TWC) also prohibits national origin discrimination. Here is how this form of discrimination can happen:
Discriminatory job posts
Some job ads are discriminatory. For example, an ad that requires or prefers applicants from a particular country or with a particular visa status.
It can also be discriminatory when an employer uses a job advertisement to make it difficult for applicants from one national origin to apply for a position. For instance, requiring American citizens to use complex physical mail drops, whereas preferred groups use one-click digital submission channels.
Preferring foreign workers
Employers are prohibited from preferring foreign workers while unfavorably treating American workers. Cases of some employers hiring primarily foreign workers to maintain a cheaper workforce or because they believe foreign workers are more productive are often reported.
Offensive remarks
Making offensive or derogatory remarks frequently or severely about a worker’s national origin, accent or ethnicity is illegal, particularly when it creates a hostile work environment or results in an adverse employment decision, such as a victim being demoted.
Association with a person of a certain national origin
It’s unlawful to treat a worker unfavorably because they are married to or associated with someone who is from a specific country or belongs to a particular ethnic group.
Some employers hire, promote and offer career growth opportunities based on national origin. Or subject certain workers to less favorable wages, benefits and terms and conditions of employment. If you have experienced national origin discrimination, consider legal guidance to protect your rights.