The Noble Law is an employment law firm with offices in North Carolina and South Carolina. We help clients navigate issues of workplace discrimination, including wage discrimination. While pay discrimination is illegal in the United States, it still happens. You have the right to be paid fairly and equally for your work, regardless of sex, race, color, disability, nation of origin, religion, or age. If you are currently experiencing wage discrimination or any other kind of workplace discrimination, our employment law attorneys can help. Contact The Noble Law in North Carolina or South Carolina to schedule a consultation.
While we are a professional, experienced, and skilled group of employment law litigators, occasionally someone reaches out to us that has experienced such horrific discrimination at work that it shocks even our employment attorneys. As a firm, we rally around these moments and commit ourselves as a group to protect and advocate for our client.
If a client can not afford the consultation fee, we will reduce the rate just so we can hear their story and see if we can use our employment law firm’s full resources to advocate on their behalf.
Federal and state laws protect against workplace discrimination, but, to be candid, often not to the extent that we would like to see for all Americans. Title VII is one of the landmark federal protections against discrimination, however, it is more than 50 years old. It pre-dates cell phones, WiFi, landing on the moon, and even the Supreme Court’s decision striking down a Virginia law prohibiting interracial marriages. Its interpretations have been widely varied in its application, historically by white male judges, so even employment law is a landscape fraught with inequities.
Nevertheless, The Noble Law Firm stands ready to defend and represent employees facing severe and intolerable discrimination in the workplace. Federal law prohibits employers discrimination under penalty of law based on:
- Race
- Gender
- Religious Affiliation
- National Origin
- Marital Status
- Pregnancy
- Disability
- Age
Illegal, toxic, and unethical workplace behaviors marginalize employees. We offer legal advice and representation to help you restore your dignity, defend your compensation, and move towards closure.
What Is National Origin Discrimination?
National origin discrimination occurs when an employee is treated unfavorably in the workplace because of their country of origin, ancestry, or cultural characteristics. Under Title VII of the Civil Rights Act of 1964, it is unlawful for employers to make decisions about hiring, firing, promotions, job assignments, or other terms and conditions of employment based on an individual’s national origin.
This protection extends to:
- Country of origin. Discrimination based on the nation where an employee or their ancestors were born.
- Ethnic characteristics. Treatment based on traits such as accent, traditional clothing, or cultural customs.
- Perceived national origin. Even if the perception is incorrect, discrimination is unlawful.
Harassment, unfair job assignments, or hostile comments connected to someone’s background can all rise to the level of illegal discrimination.
Examples of National Origin Discrimination at Work
National origin discrimination can take many forms in the workplace, from obvious hostility to subtle unfair treatment. Some common examples include:
- Enforcing an “English-only” policy when language is not essential to job performance.
- Making derogatory comments about an employee’s accent, attire, or cultural practices.
- Unequal pay or benefits, such as paying employees less or denying bonuses based on their national origin.
- Subjecting workers of a certain background to stricter discipline, harsher performance reviews, or increased scrutiny compared to colleagues.
- Denying promotions, training, or advancement opportunities that are routinely available to employees of other backgrounds.
- Segregating employees by ethnicity or national origin in team projects, customer-facing roles, or less desirable assignments.
- Harassment, including offensive jokes, slurs, or exclusion from workplace activities.
- Immigration-related discrimination, such as requiring unnecessary or different documentation from employees of certain national origins.
Each of these actions can create a hostile or unfair work environment and may constitute a violation of federal and state employment laws.
How the EEOC Handles National Origin Complaints
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for investigating claims of national origin discrimination. The process generally involves:
- Filing a charge. Employees must file a complaint with the EEOC before pursuing a lawsuit. In most states, the deadline is 180 days from the discriminatory act.
- Investigation and conciliation. The EEOC reviews evidence, interviews witnesses, and may attempt to resolve the dispute through mediation or conciliation.
- Right-to-sue letters. If the EEOC cannot resolve the complaint, it may issue a letter granting the employee the right to file a lawsuit in federal court within 90 days.
Because deadlines are strict, early action is critical to protecting your rights.
North Carolina and South Carolina State Laws Prohibit Workplace Discrimination
In addition to federal protections, state laws prohibit discrimination in the workplace:
- North Carolina: The North Carolina Equal Employment Practices Act expresses the state’s public policy against employment discrimination. While the law does not create a private right of action, it forms the basis of a wrongful termination claim.
- South Carolina: The South Carolina Human Affairs Law prohibits employment discrimination based on national origin, enforced by the South Carolina Human Affairs Commission.
Each state has its own procedures and timelines for pursuing a claim, making it important to understand both federal and state filing options.
Legal Remedies for Victims of National Origin Discrimination
Employees who have suffered national origin discrimination are not without recourse. If the claim of discrimination is substantiated, the law provides several potential remedies, including:
- Reinstatement to a job or position lost due to discrimination.
- Back pay for wages or benefits denied.
- Front pay to cover future lost earnings when reinstatement is not possible.
- Compensation for emotional distress caused by harassment or workplace hostility.
- Punitive damages in cases where an employer’s conduct was especially harmful or reckless.
These remedies are designed not only to compensate employees for the harm they have suffered but also to deter employers from engaging in unlawful practices in the future. While no outcome can undo the prior discriminatory acts, pursuing these remedies aim to put employees in the place they would have been if the discrimination had not occurred, and affirm the dignity of every employee’s right to equal treatment.
"The law is clear: national origin discrimination has long been prohibited in the workplace. When an employer ignores these protections, we will not back down from pursuing justice for our clients." – Laura Noble
How The Noble Law Can Help
At The Noble Law, we provide trusted counsel for workplace disputes. Our attorneys assist employees in filing charges with the EEOC, navigating state agency processes, negotiating fair settlements, and pursuing litigation when necessary.
We listen to your story, help you understand your legal options, and work with you to seek outcomes that protect your career and your dignity.
If you believe you have experienced national origin discrimination at work, contact The Noble Law today for a consultation. We listen. We hear you. We understand.
