Request A Free Consultation
Sunset on a pier in Orange County

Orange County National Origin Discrimination Lawyer

National origin discrimination in the workplace is not only illegal, but it can also have devastating effects on your career, mental health, and overall well-being. If you believe you have been treated unfairly because of your national origin, ethnicity, accent, or cultural background, you have the right to take action. 

Orange County National Origin Discrimination Lawyer

What Is National Origin Discrimination?

National origin discrimination occurs when an employee or job applicant is treated unfairly because of their country of origin, ancestry, ethnicity, accent, or even the perception that they belong to a particular ethnic group. This type of discrimination can manifest in various ways, including but not limited to:

  • Hiring Practices: Being denied a job because of your name, accent, or appearance associated with a particular nationality.
  • Job Assignments: Receiving less favorable job assignments or tasks because of your national origin.
  • Promotion and Compensation: Being passed over for promotions, pay raises, or other benefits because of your ethnicity or cultural background.
  • Harassment: Enduring offensive remarks, jokes, or stereotypes related to your national origin, creating a hostile work environment.
  • Termination: Losing your job due to your national origin rather than your job performance.

National origin discrimination can also include retaliation against you for reporting such discrimination or participating in an Orange County workplace discrimination lawsuit related to it.

What Laws Prohibit National Origin Discrimination?

There are several federal and state laws designed to protect you from national origin discrimination in the workplace. These include:

Title VII of the Civil Rights Act of 1964

Prohibits employment discrimination based on national origin in workplaces with 15 or more employees. This law also protects against harassment and retaliation.

The Immigration Reform and Control Act (IRCA)

Prohibits employers from discriminating against individuals in hiring, firing, or recruitment based on their citizenship or immigration status.

California Fair Employment and Housing Act (FEHA)

Offers broader protections than federal law and applies to employers with five or more employees. FEHA also protects against harassment and retaliation based on national origin.

What To Do if You Experience National Origin Discrimination

If you experience national origin discrimination, it is vital to take action to protect your rights.

  1. Document the Discrimination

Keep a record of incidents, including dates, times, locations, what was said or done, and who was involved. Documentation can be critical if you decide to file a complaint or take legal action.

  1. Report the Discrimination

Most employers have procedures in place for handling discrimination complaints. If you feel comfortable, report the discrimination to your supervisor, human resources department, or another appropriate person within your organization. 

  1. Speak to an Attorney

If you are unsure how to proceed or if your employer does not address the discrimination, you may want to seek legal advice from an Orange County employment attorney.

  1. File a Charge with the EEOC or State Agency

If the discrimination is not resolved internally, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department (CRD). The agency will investigate your claim and determine whether to take further action.

  1. Consider Legal Action

If the EEOC or CRD finds merit in your claim, they may issue you a “right-to-sue” notice so that you can file a lawsuit against your employer. A national discrimination attorney can help you navigate the legal process. 

How Long Do I Have to File a National Origin Discrimination Claim?

In California, you have specific deadlines for filing a workplace discrimination claim:

  • CRD (California State Law): You must file a complaint within three years from the date of the discriminatory act under the California Fair Employment and Housing Act (FEHA).
  • EEOC (Federal Law): If filing under federal law (e.g., Title VII), you have 300 days to file with the EEOC.
  • Filing a Lawsuit: After receiving a right-to-sue notice from the CRD, you have one year to file a lawsuit in state court. For an EEOC right-to-sue notice, you have 90 days to file in federal court.

Meeting these deadlines is crucial to preserving your right to seek legal remedies.

How an Attorney Can Help

Here is how a national origin discrimination lawyer can be a crucial ally if you are facing discrimination at work based on your national origin, ethnicity, or cultural background:

Evaluate Your Case

A lawyer will carefully review the details of your situation to determine whether the treatment you are experiencing qualifies as national origin discrimination under federal or state laws. 

Gather and Preserve Evidence

Your lawyer will help you document the discrimination and gather evidence, such as emails, performance reviews, witness statements, or any other relevant materials that are critical to supporting your claim. 

File a Complaint

An attorney can assist you in filing a formal complaint with the EEOC or CRD. These agencies will investigate your claim and may mediate between you and your employer or take legal action on your behalf.

Negotiate with Your Employer

A skilled lawyer can negotiate with your employer to seek a fair resolution without going to court. This could involve securing a settlement that includes compensation for lost wages, emotional distress, and possibly reinstatement if you were wrongfully terminated.

Trial Experience

If your case proceeds to court, your lawyer will represent you throughout the legal process. They will prepare and present your case, argue on your behalf, and work to achieve the best possible outcome. 

Protection from Retaliation

It is illegal for an employer to retaliate against you for reporting discrimination or participating in an investigation. Your lawyer can protect you from retaliation by advising you on how to report any retaliatory behavior and, if necessary, pursuing additional legal claims on your behalf.

Advise You on Your Rights and Options

Navigating a discrimination case can be overwhelming, especially if you are dealing with the emotional impact of the situation. An Orange County national origin discrimination lawyer will provide you with clear, informed advice about your rights, the legal process, and the potential outcomes, helping you make the best decisions for your circumstances.

Contact Us Today

If you believe you have been a victim of national origin discrimination, the sooner you take action, the better your chances of achieving a successful outcome. Contact Aegis Law Firm today to arrange a free, confidential consultation with our trusted Orange County National Origin Discrimination Lawyer today.