National Origin Discrimination

Employment Law

National Origin Discrimination in the California Workplace

Southern California is one of the most diverse regions in the world, yet national origin discrimination remains a persistent problem in workplaces across the state. At The Law Offices of Farris Ain, we represent employees who have been treated unfairly because of where they or their families came from. Whether the discrimination involves your ethnicity, your accent, the language you speak, or simply the way you look, California law provides powerful protections—and we are committed to enforcing them.

Legal Protections Against National Origin Discrimination

Both California and federal law prohibit employment discrimination based on national origin:

• The Fair Employment and Housing Act (FEHA), Government Code section 12940, prohibits discrimination based on national origin, ancestry, and ethnicity. FEHA applies to employers with five or more employees.
• Title VII of the Civil Rights Act of 1964 prohibits national origin discrimination by employers with 15 or more employees.
• Government Code section 12951 specifically addresses language restrictions in the workplace, providing additional protections against English-only policies and accent-based discrimination.

National origin is broadly defined under California law. It encompasses not only the country where you were born, but also your actual or perceived national origin, ethnicity, ancestry, and the national origin of your spouse, partner, or associates. You do not need to have been born outside the United States to be protected—the law covers anyone who is discriminated against based on perceived national origin or ethnic background.

English-Only Policies and Language Discrimination

One of the most common forms of national origin discrimination in California involves language restrictions. Under Government Code section 12951, employers are prohibited from adopting or enforcing a policy that limits or prohibits the use of any language in the workplace unless all of the following conditions are met:

1. The language restriction is justified by a business necessity
2. The employer has notified employees of the circumstances and time when the restriction is required, and the consequences for violating it
3. The restriction is narrowly tailored to address the business necessity

A blanket English-only policy—one that requires employees to speak English at all times, including during breaks and personal conversations—is presumed to violate FEHA. Employers bear the burden of proving that any language restriction serves a legitimate and necessary business purpose.

Accent Discrimination

Discrimination based on accent is a recognized form of national origin discrimination under both California and federal law. An employer cannot refuse to hire, promote, or retain an employee because of their accent unless the employer can demonstrate that the accent materially interferes with the employee’s ability to perform essential job duties. Courts scrutinize these claims carefully because accent is closely linked to national origin, and many accent-based decisions are rooted in bias rather than legitimate performance concerns.

Document Abuse and Immigration-Related Threats

Some employers exploit workers’ immigration status or perceived immigration status as a tool of discrimination and control. This can include:

• Demanding specific documents: Requiring employees to produce particular immigration documents beyond what is legally required for I-9 verification
• Threatening to report workers: Using threats of contacting immigration authorities to suppress complaints about workplace conditions, discrimination, or wage theft
• Retaliating against complainants: Taking adverse employment actions against workers who assert their rights, while using immigration status as leverage
• Selective enforcement: Subjecting employees of certain national origins to stricter document verification while exempting others

California law, including Labor Code section 1019 and related provisions, explicitly prohibits employers from retaliating against workers by threatening to contact immigration authorities. This protection applies regardless of the employee’s actual immigration status.

Common Examples of National Origin Discrimination

In our practice, we have represented employees facing a wide range of national origin discrimination, including:

• Hiring bias: Being rejected for employment based on an ethnic-sounding name, accent during an interview, or appearance suggesting a particular national origin
• Promotion denials: Being passed over for advancement in favor of less-qualified candidates who do not share your national origin
• Termination: Being fired on pretextual grounds when the real motivation is bias against your ethnicity or national origin
• Hostile work environment: Enduring slurs, derogatory comments about your country of origin, mockery of your accent or cultural practices, or being subjected to ethnic stereotypes
• Workplace segregation: Being assigned to less desirable positions, shifts, or locations based on national origin
• Language policies: Being disciplined or terminated for speaking your native language during breaks or in personal conversations
• Disparate pay: Being paid less than employees of a different national origin for the same or substantially similar work

Hostile Work Environment Based on National Origin

A hostile work environment claim arises when unwelcome conduct based on national origin is sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. This can include:

• Ethnic slurs, racial epithets, or derogatory nicknames
• Offensive jokes or comments about a particular national origin
• Mockery of cultural practices, food, clothing, or religious observances
• Physical threats or intimidation based on national origin
• Display of offensive symbols, images, or materials in the workplace

Employers have an affirmative duty under FEHA to take reasonable steps to prevent and promptly correct harassment. An employer who knew or should have known about the harassment and failed to take appropriate action can be held liable.

Damages and Remedies

Employees who prevail in national origin discrimination claims may be entitled to:

• Back pay: Lost wages and benefits from the date of discrimination
• Front pay: Future lost earnings when reinstatement is not feasible
• Compensatory damages: Compensation for emotional distress, humiliation, and mental suffering
• Punitive damages: Additional damages to punish the employer for egregious or malicious conduct (available under FEHA with no statutory cap)
• Attorney’s fees and costs: Recovery of legal expenses
• Injunctive relief: Court orders requiring the employer to change discriminatory policies
• Reinstatement: Return to your former position, where appropriate

“America was built by people from every corner of the world. Discrimination based on where you come from violates everything California stands for.”