The Sanders Firm, P.C.: New York National Origin Discrimination Lawyer

In New York City, The Sanders Firm, P.C. provides legal representation for those who believe they have experienced national origin discrimination. National origin discrimination is a serious issue in New York City as it is home to one of the most diverse populations in the world. The workforce in the City is composed of people from around the globe and with New York’s status as the financial capital of the world and the fact that many multinational corporations maintain a presence in the City, the opportunity for national origin discrimination to occur is ongoing. The Sanders Firm, P.C. is dedicated to ensuring that those who suffer such discrimination find justice.

Although in most cases, Title VII of the Civil Rights Act of 1964, is used to file claims alleging national origin discrimination, in some cases, employees or job applicants may also choose to file claims under the Civil Rights Act of 1866, 42 U.S.C. §1981, the Civil Rights Act of 1871, 42 U.S.C. § 1983, the NYSHRL and NYCHRL as well.

National Origin Discrimination and the IRCA

National origin discrimination along with citizenship and immigration status discrimination are variants of race discrimination. The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for an employer to practice national origin discrimination in hiring, firing, or laying off an employee. In addition, they may not engage in recruitment or referral for a fee when they base the practice on an individual’s citizenship or immigration status.

Unless they are required to do so by law, regulation, or government contract, the act prohibits employers from hiring only U.S. citizens or lawful permanent residents. In processing documentation in respect to completing the Department of Homeland Security (DHS) Form I-9 and verifying employment eligibility, employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required. It is the employee’s and not the employer’s choice as to which of the acceptable Form I-9 documents to show to verify their employment eligibility. It is unlawful to harass anyone due to his or her national origin.

In terms of numbers, national origin discrimination applies to businesses, organizations, or enterprises with 15 or more employees, including federal, state and local governments as well as employment agencies and labor organizations. If an employee files a suit against their employer, it is illegal for the employer to retaliate in any manner, including by punishing the employee by demoting them, lowering their wages, or altering their benefits. An employer cannot retaliate if an employee testifies or takes part in an investigation of the employer and possible discriminatory practices. The Department of Justice’s Office of Special Counsel enforces the IRCA’S nondiscrimination requirements for Immigration-Related Unfair Employment Practices (OSC).

New York State and City Laws

The New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL), which applies to employers with 4 or more employees, provides wide ranging protections. The NYCHRL in essence prohibits employers from discriminatory practices associated with national origin, alienage or citizenship status.

We Will Fight for You

The Sanders Firm, P.C. in New York City is an advocate for those who believe they have been the victim of national origin, alienage or citizenship status discrimination. Call our law practice to speak with a lawyer who is experienced in and knowledgeable of national origin discrimination law. At The Sanders Firm, P.C. we are your voice for justice.