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National origin discrimination in the workplace manifests in various forms, each illegal under New Jersey law:
1. Discrimination Based on Country or Place of Origin: This occurs when individuals are unfairly treated due to their or their ancestors’ country of origin. It includes prejudice against people from unrecognized nations or regions, such as refugees from non-existent governments.
2. Discrimination Based on National Origin Group: Employers cannot discriminate against individuals belonging to an ethnic group characterized by shared cultural heritage, ancestry, language, religion, or other common traits.
3. Discrimination Based on Perceived Ethnicity: This involves unfair treatment based on the assumption that an individual belongs to a certain ethnic group, irrespective of the individual’s actual ethnic identification.
4. Discrimination Based on Affiliation or Association: Unfair treatment can also occur if someone is associated or related to people of a particular national origin.
Examples of National Origin Discrimination:
- Refusing job applicants due to their foreign accents, despite their qualifications.
- Derogatory remarks about an employee’s country of origin.
- Imposing unnecessary English-only workplace rules.
- Demanding work authorization documents specifically from non-Caucasian applicants.
- Dismissing applicants or employees for not fitting the company’s culture or for having a certain accent during client interactions.
Subtlety of National Origin Discrimination: Identifying national origin discrimination can be challenging. Employers may disguise discriminatory motives or implement policies that, while appearing neutral, unfairly target individuals based on national origin. For instance, English-only rules need to be justifiable for business efficacy and safety to avoid constituting discrimination.
If you encounter such discrimination, it is essential to recognize your rights and the legal protections available to you. Employers must adhere to laws that promote equality and prevent bias based on national origin.