More broadly, national origin discrimination occurs when someone treats others differently or less favorably because:
- They were born outside the United States, including in U.S. territories.
- Their parents or ancestors were born outside of the United States.
- They appear to be from a particular ethnic background (even if they are not).
- They have a different ethnicity or accent than others who reside in the area.
Regardless of the circumstances, discrimination based on race, color, or national origin is illegal on both the state and federal levels.
Under federal law, Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits all types of racial and national origin discrimination. Section 1981 of the 1866 Civil Rights Act also provides protection against racial discrimination, but only if the discrimination was intentional. However, Section 1981 has a longer statute of limitations and does not require you to go through the process of filing a charge with an administrative agency, such as the EEOC. Instead, you can file a lawsuit in court right away. Additionally, claims filed under Section 1981 offer different monetary rewards (“damages”) than claims under Title VII.
Under state law, the Florida Civil Rights Act (FCRA) states that employers cannot discriminate against job applicants or current employees because of their race. Both statutes appliy to workplaces with 15 or more employees.
We will determine which laws best apply to your specific case and build a strong case with your best interests in mind. Every client and case is different, so we always tailor our representation to the individual.
Your Legal Rights as an Employee
The legal protections against race and national origin discrimination provided under federal and state laws cover all aspects of employment, including discipline, hiring, job duties, pay, promotion, termination, training, and more.
Florida employers cannot do any of the following based on an employee’s race or national origin:
- Deny benefits, leave, or other things offered to other employees in the same or similar positions
- Exclude someone from team activities, seminars, etc.
- Assign different work duties compared to similar employees
- Make racist comments, gestures, jokes, remarks, etc.
- Pay someone less for equal work
- Refuse to hire or promote someone
- Terminate someone
How We Can Help You Fight Race Discrimination
Regardless of what you look like or where you and your family came from, no one has the right to treat you less fairly, even in the workplace. If your employer has racially discriminated against you, they have broken the law. Though fighting such an infraction can be difficult due to the systemic racism embedded into much of American society, we are prepared to help you build a strong case and fight hard to help you achieve the fair and just resolution you deserve.