National origin discrimination involves treating a job applicant or employee unfavorably because of that person's national origin—which includes birthplace, country or region of origin, ethnicity (actual or perceived), ancestry, culture, or linguistic characteristics (accent, etc.). National origin discrimination also can involve treating people unfavorably because they are married to or associated with a person of a certain national origin.
National origin discrimination is a form of employment discrimination that violates federal law—including Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e). States also have laws against national origin discrimination in employment. These laws are generally located in a state’s statutes—often in the labor code or employment-related statutes.
The law makes it illegal for an employer or other covered entity to use an employment policy or practice that applies to everyone—regardless of national origin—if it has a negative impact on people of a certain national origin and is not job-related or necessary to the operation of the business.
An employer can only require an employee to speak fluent English if fluency in English is necessary to perform the job effectively. An English-only rule that requires employees to speak only English on the job is only allowed if it is needed to ensure the safe or efficient operation of the employer's business and is put in place for nondiscriminatory reasons. An employer may not base an employment decision on an employee's foreign accent, unless the accent seriously interferes with the employee's job performance.
Discrimination can occur when the victim and the person who inflicted the discrimination are the same national origin.
It is also unlawful to harass a person in the workplace because of his or her national origin. Harassment can include, for example, offensive or derogatory remarks about a person's national origin, accent, or ethnicity. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision—such as the victim being fired or demoted.
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
In South Dakota, national origin discrimination is prohibited under federal law, specifically Title VII of the Civil Rights Act of 1964, which makes it illegal for employers to discriminate against employees or job applicants based on their national origin. This includes discrimination related to a person's birthplace, ethnicity, culture, language, or association with a particular national origin group. South Dakota state law also aligns with federal law to prohibit such discrimination. Employers are not allowed to enforce policies that negatively affect individuals of a certain national origin unless these policies are necessary for the job or the operation of the business. Requirements for English fluency are permissible only if they are essential for the performance of the job, and any English-only workplace rules must be established for non-discriminatory reasons that are critical to the safety or efficiency of the business. Discrimination can occur even among individuals who share the same national origin. Furthermore, workplace harassment that creates a hostile environment or results in adverse employment decisions based on national origin is illegal. The harasser can be a colleague, supervisor, or even a non-employee associated with the company. National origin discrimination is forbidden in all aspects of employment, including hiring, pay, promotions, and other terms and conditions of employment. Victims of such discrimination may seek recourse through the Equal Employment Opportunity Commission (EEOC) or by consulting with an attorney to explore their legal options.
