Will New Guidelines on National Origin Discrimination Create a Fairer Workplace? By Dan Atkerson on December 08, 2016

The Equal Employment Opportunity Commission has released new guidelines on how to handle national origin discrimination in the workplace. The guidelines clarify how discrimination laws in the Civil Rights Act will be enforced. It also provides businesses with tips and examples on how to avoid issues.

How Does the Law Define National Origin Discrimination?

The law defines national origin discrimination as any unfair or different treatment towards an employee because of their country of origin. It also includes discrimination based on related factors, such as their country of ancestry, and any linguistic or cultural factors that are associated with their ancestral group. The law also protects people who are discriminated against because of a perceived, as opposed to an actual, nation of origin.

How Do New Guidelines Add to this Definition?

The guidelines clarify how the agency will interpret certain aspects of the law. For example, it says that treating an employee differently because of their citizenship status is a form of national origin discrimination. It also let’s businesses know that it is not acceptable to alter an employee’s responsibilities based on complaints from customers.

For instance, if customers at a restaurant complain that the waiter is from a particular country, it would be discrimination to change that employee’s role to accommodate customers. Another example the guide gives is encouraging an employee to speak with a different accent, when that accent does not materially affect the employee’s ability to do their job. Requiring that same employee to speak fluent English, however, is not considered discrimination in many cases, since that directly relates to job performance.

Most of these guidelines simply provide some clarification and examples to let businesses know what is an isn’t acceptable. The hope is that by letting companies know what won’t be tolerated, the EEOC can help create a more equal workplace for everyone.

Dan A. Atkerson is a Dallas employment lawyer who fights passionately on behalf of victims of racial discrimination, national origin discrimination and other forms of workplace injustice.

Related to This

Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. He is affiliated with several prestigious legal organizations, including: 

  • United States Court of Appeals Fifth Circuit
  • State Bar of Texas
  • Texas Supreme Court and all Texas trial and appellate courts 
  • Texas federal courts for the Northern and Eastern Districts of Texas
  • United States Court of Appeals for the Fifth Circuit
  • State Bar of Texas
  • Dallas Bar Association 

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule your free consultation at our law firm, request an appointment online or call us at (214) 383-3606.

Get In Touch

Rate, Review & Explore

Social Accounts Sprite
Google map image of our location in 1025 Arches Park Dr  Allen, TX

Allen Office

1025 Arches Park Dr
Allen, TX 75013

Closed Today

What is the best time for you?

Add additional time

Tell us a bit about yourself...

(214) 383-3606 Send a message