Understanding National Origin Discrimination Law in California
Federal and California laws provide strong protections against discrimination based on national origin. Here’s an overview of the key legal safeguards in place:
Title VII of the Civil Rights Act of 1964
Title VII is a cornerstone of federal law that prohibits employment discrimination based on race, religion, ethnicity, and national origin. It is the foundation for many discrimination claims, ensuring all employees and job applicants have equal opportunities.
The Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal anti-discrimination laws, including Title VII. It also addresses issues like English-only rules in the workplace, which can disproportionately impact employees based on their national origin.
California's Fair Employment and Housing Act (FEHA)
In California, FEHA provides additional protection against discrimination based on national origin, prohibiting harassment and discriminatory practices in the workplace. FEHA works alongside federal laws to offer comprehensive coverage for employees facing unfair treatment.
How to File a National Origin Discrimination Complaint in California
Taking action is crucial if you’re facing national origin discrimination in the workplace. Here’s a general guide to help you navigate the process:
Compile Evidence for Your National Origin Discrimination Case
Begin by gathering all relevant information that supports your claim of national origin discrimination. This may include emails, documents, witness statements, photographs, or any other evidence that demonstrates the discriminatory behavior you’ve encountered.
Reach Out to the CRD
You can initiate your complaint by contacting the California Civil Rights Department (CRD) via phone, mail, or their online portal.
Cooperate with the Investigation
Once your complaint is filed, the CRD will review your case and begin an investigation. They may request further information or evidence from you. It’s important to be patient and cooperate fully, as the investigation process can take time.
Seek Legal Guidance
If you encounter difficulties during the complaint process, or if the CRD’s investigation does not resolve your case to your satisfaction, consider consulting with a national origin discrimination attorney at Premier Lawyers.
Our knowledgeable lawyer will clarify your rights, explain the applicable laws, and advise you on your legal options. Should the matter require further action, your attorney can represent you in court.
Potential Compensation in National Origin Discrimination Cases
Depending on the specifics of your case and the size of your employer’s company, you could be eligible for various forms of compensation. Here are some of the damages you may be able to recover:
- Back pay: Compensation for wages lost due to discriminatory practices.
- Front pay: Future wages you might lose if reinstatement isn’t feasible.
- Pain and suffering: Damages for the emotional distress caused by the discrimination.
- Reinstatement: Being returned to your previous position if you were wrongfully terminated.
- Promotion: Securing the position or advancement that was denied to you due to discrimination.
- Hiring: Compensation for losing a job opportunity because of your national origin.
For smaller companies (with 4–14 employees), remedies may include back pay, reinstatement, civil penalties, and mandatory training for the employer to prevent future discrimination.
Deadlines for Filing a Nationality Discrimination Charge
Filing a charge within 180 days of the violation is critical to protecting your rights. For companies with 4 to 14 employees, the charge should be filed with the Department of Justice’s Immigrant and Employee Rights Section (IER). If your workplace has 15 or more employees, the charge needs to be submitted to the EEOC before pursuing any legal action in court.
A Los Angeles national origin discrimination lawyer can guide you through this process to ensure your case is properly handled from the start.
