EEOC revises national origin discrimination guidance for changing workforce

September 18, 2016 0 COMMENTS

by Arielle B. Sepulveda

The Equal Employment Opportunity Commission (EEOC) has released proposed enforcement guidance on national origin discrimination for public comment. Once finalized, the guidance will serve as a reference for agency staff when they investigate and litigate national origin discrimination claims as well as a resource for employers and employees on the law and the EEOC’s interpretation of it.  EEOC-jpg

Basics of national origin discrimination

read more…

Preventing discrimination against Muslim and Middle Eastern workers

August 14, 2016 0 COMMENTS

by Anna C. Lukeman

In the wake of recent terrorist attacks in Paris and San Bernardino, the Equal Employment Opportunity Commission (EEOC) has warned employers to be proactive and take measures against discrimination aimed at those who are or are perceived to be either Muslim or Middle Eastern.  Middle eastern people having a business meeting at office

In her statement to address this issue, EEOC Chair Jenny R. Yang said, “America was founded on the principle of religious freedom. As a nation, we must continue to seek the fair treatment of all, even as we grapple with the concerns raised by the recent terrorist attacks. When people come to work and are unfairly harassed or otherwise targeted based on their religion or national origin, it undermines our shared and longstanding values of tolerance and equality for all.”

read more…

Muslim teacher may proceed with national origin harassment claim

April 17, 2016 0 COMMENTS

by Emily Hobbs-Wright

A Turkish-born Muslim teacher claimed that her school had a culture of racial and ethnic hostility. The U.S. 10th Circuit Court of Appeals (whose decisions apply to Colorado employers) recently ruled that her complaints of national origin discrimination may move forward. This case offers several lessons on how to handle cultural differences in the workplace.  Cute lovely school children at classroom having education activi

Principal made and allowed insensitive comments

read more…

EEOC addresses workplace discrimination against Muslim or Middle Eastern individuals

March 20, 2016 3 COMMENTS

As backlash is rising steadily in the wake of terrorist attacks in Paris, France, and San Bernardino, California, the Equal Employment Opportunity Commission (EEOC) is taking an active approach to addressing current and potential workplace discrimination. EEOC Chair Jenny Yang issued a statement urging employers and employees to be mindful of instances of harassment, intimidation, or discrimination in the workplace against “vulnerable communities” such as employees who are or are being perceived to be Muslim. She cautioned employers to “take steps to directly address potential problems to prevent harassment, retaliation and other forms of discrimination” and encouraged employees to “report incidents to their workplace official and to the EEOC or its state and local partners.”  Muslim business lady

The agency also released two resource guidance documents, one for employers and one for employees, in Q&A format to explain federal laws prohibiting employment discrimination against individuals who are targeted for being Muslim or perceived to be Muslim. The guides note well-established strategies to curb and prevent workplace discrimination and warn employers that “reactions in the workplace to world events demand increased efforts . . . to prevent discrimination.”

read more…

Recent settlement highlights EEOC’s focus on vulnerable workers

February 14, 2016 0 COMMENTS

by Jeffrey D. Slanker and Rob Sniffen

The Equal Employment Opportunity Commission’s (EEOC) Strategic Enforcement Plan (SEP) highlights several areas in which the agency is increasing its focus, including the protection of vulnerable immigrant and migrant workers. That focus was recently underscored by the agency’s settlement of a case involving allegations of national origin and race discrimination against an Alabama employer that employed Indian workers through the federal H2-B program. EEOC-jpg

read more…

Adverse employment action because of accent is illegal

May 17, 2015 1 COMMENTS

by Joseph Cooper

Title VII of the Civil Rights Act of 1964 forbids discrimination on the basis of national origin in any aspect of employment, including hiring, firing, and job assignments. Because an employee’s accent or language skills are often associated with her national origin, employment decisions based on those characteristics are scrutinized closely by courts and administrative tribunals. A recent decision from the Rhode Island Commission for Human Rights (RICHR) illustrates that point.  Time for a conversation

Teacher wants to take English classes

read more…

Tribal hiring preference not national origin discrimination

February 15, 2015 1 COMMENTS

by Nancy Williams

Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) has taken the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a case that has dragged on for years, the 9th Circuit Court of Appeal (whose rulings apply to all Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington employers) recently issued its third decision, finally ruling against the EEOC.  The Right Candidate

Coal company leases have Navajo hiring preference

read more…

The good, the bad, and the ‘feo’ of the American workplace’s Latinization

August 17, 2014 2 COMMENTS

by Glianny Fagundo

The American workplace is becoming more diverse. The U.S. Bureau of Labor Statistics (BLS) calculated that 14.8 percent of the U.S. labor force was Hispanic in 2010. That number is expected to jump to 18.6 percent by 2020which translates to roughly one in five workers. While many see such diversification as a positive development (and it is in many ways), it doesn’t automatically lead to a utopian, racially integrated environment.  DiverseWorkforce

This article discusses some of the positive contributions Hispanics can make to workplaces, ways in which you can maximize and reward productivity, and considerations you must give to ethnic and color tensions that may exist among employees who share the “Hispanic” ethnic designation.

read more…

National origin discrimination and race discrimination aren’t the same thing

July 14, 2013 0 COMMENTS

by Kevin McCormick

In a recent decision, the U.S. District Court for the District of Maryland affirmed the notion that discrimination on the basis of race and discrimination based on national origin are distinct legal claims. Moreover, because 42 USC § 1981 only prohibits discrimination based on race, a claim alleging national origin discrimination under the Act has little chance of success. Let’s take a closer look at this interesting decision.

Background facts

read more…

Title VII verdict upheld for Egyptian-American Muslim employed by BSA

June 16, 2013 0 COMMENTS

by Rosemary B. Guiltinan

The U.S. 1st Circuit Court of Appeals  recently upheld a jury verdict in favor of an Egyptian-American Muslim employee of the Boy Scouts of America (BSA) who claimed the BSA denied him career advancement opportunities based on his national origin and religion. The court upheld the verdict because the employer failed to show the evidence was “overwhelmingly inconsistent” with the jury’s decision.


Kamal Aly, an Egyptian-American Muslim, began working as a district executive for the BSA’s Mohegan Council in August 2001. During his first two years with the BSA, he completed two professional development trainings and received positive annual performance reviews. read more…

 Page 1 of 2  1  2 »