philadelphia National origin Discrimination law firm serving philadelphia and new jersey
Despite federal and state laws banning various types of employment discrimination, discrimination in the workplace remains a serious problem in America. Unfortunately, employment discrimination based on national origin is part of that problem.
If you believe that you are dealing with employment discrimination based on your national origin, it is vital to contact an employment attorney who can determine your rights and remedies.
The Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 (Title VII) is a federal law that prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy), and national origin. Title VII applies to employers who employ 15 or more employees.
Title VII prohibits discrimination and harassment based on an individual’s national origin, which includes a person’s birthplace, ancestry, culture, and any linguistic characteristics closely associated with an ethnic group. National origin also includes what another may perceive to be the national origin of a person, whether the perception is true or not. Title VII also protects a person from discrimination based on his/her close association with or marriage to someone of a different national origin.
Title VII covers the entire employment relationship, from advertising a position through termination of the employment relationship. Some examples include hiring decisions based on actual/perceived national origin, ethnic slurs regularly used in the workplace, and not receiving promotions because of an accent. Further, an employer’s practices and policies may appear to be neutral (i.e., not overtly directed at employees of a certain national origin), but may have a disparate impact on employees of a certain national origin.
The Pennsylvania Human Relations Act
The Pennsylvania Human Relations Act (PHRA) prohibits discrimination against multiple classes of people, including discrimination based on ancestry and national origin. The PHRA applies to employers who employ 4 or more employees.
New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (NJLAD) also prohibits discrimination against multiple classes of people, including discrimination based on national origin and nationality. The NJLAD applies to employers of any size.
I have been discriminated against. What do I do?
There are strict deadlines for filing discrimination claims that vary by the circumstances of your situation and the state in which you reside. In Pennsylvania, victims of discrimination must first file through the Equal Employment Opportunity Commission (EEOC) and/or the Pennsylvania Human Relations Commission (PHRC) and receive a “Right to Sue” letter in order to file a lawsuit in court. In New Jersey, individuals may file a lawsuit in court without first filing with an agency.
If you have been a victim of illegal discrimination in the workplace, contact employment lawyer Stephanie J. Mensing of Mensing Law LLC at (215) 586-3751. Ms. Mensing in an employment attorney with extensive experience handling discrimination cases in the agencies and state and federal courts in Pennsylvania and New Jersey. Schedule a consultation today to ensure that your rights are protected.