Employment Discrimination and National Origin – Sacramento, CA
By Gregory Thyberg on December 29, 2017
Employment discrimination based upon national origin is against the law. Workers are protected from this type of discrimination by several state and federal laws. Employment discrimination based on national origin is present in a number of employment situations, including being turned down for a promotion, making less money than counterparts on the job, or having your employment unjustly terminated. This form of workplace discrimination is actionable, and workers who believe they have been treated unfairly based on their national origin should seek legal recourse against their employer. Call Sacramento, CA attorney Gregory Thyberg if you have suffered discrimination due to national origin while on the job.
What Constitutes Discrimination Based on National Origin?
Being treated unfairly or poorly based on race, national origin, or color while at work is a form of national origin discrimination. This type of conduct is against the law, and employers can be held liable for the damage caused to an injured worker in this situation. The Civil Rights Act of 1964 makes treatment of a worker based on these factors illegal and guarantees equal rights for all employees. The actions covered include the hiring, firing, promotion, assignment of job duties, fixing of salary, and the layoff of employees. When companies undertake any of these actions, they cannot base their decisions on a person’s skin color, ethnicity, or national origin.
What to Do When National Origin Discrimination Happens to You
If you have been passed over for a promotion, been let go from your job, or were denied a position based on your national origin, you have legal remedies available to you that are intended to remedy the situation. You can file suit against your employer under applicable state laws, as well as under federal laws, which are in place to ensure equality in the workplace. The choice of remedy is up to you, but before making a choice it is important to understand the process and what will be required to prove your case. While every case is unique, there are factors that are common to every instance, and in order to establish a case you may need to prove:
- A policy was in place designed to discriminate based on national origin
- Negative statements regarding your national origin were made
- A pattern of conduct existed that favored other nationalities over yours
If you are able to establish that discrimination did in fact occur, you are entitled to recover damages which include lost wages, back pay, court costs, attorney fees, out of pocket expenses, punitive damages, and possibly even injunctive relief. Injunctive relief prohibits your employer from taking legal action against you.
Who to Call for Help
If you have been discriminated against at work because of your national origin, Thyberg Law can help. Our focus is on protecting your rights as a worker by helping your fight for the maximum amount of damages available. For more information, contact us online or call (916) 201-9173.