National Origin Discrimination

Key Issues in National Origin Discrimination

Summary

In the following term paper I want to talk about National Origin Discrimination and the key issues which are related to it. First I want to give a short introduction and overview to show the main aspects. After that I will explain the meaning of this issue. After that I want to talk about employment related issues and explain how all discriminatory employment decisions are covered by Title VI of the Civil Rights Act. Accordingly I am talking about national origin harassment, which becomes more and more important for all employers. I also want to go dwell further into language - and citizen related issues.

At the end I want to explain the German approach to this topic, which is different than in the United States.

Introduction and Overview

Title VII of the Civil Rights Act of 1964 protects workers from employment discrimination based on their race, color, religion, sex and national origin. This term paper focuses on the prohibition against national origin discrimination. In enacting this prohibition, Congress recognized that whether an individual's ancestry is Mexican, Ukrainian, Filipino, Arab, American Indian, or any other nationality, he or she is entitled to the same employment opportunities as anyone else. Likewise, Title VII's protections extend to all workers in the United States, whether born in the United States or abroad and regardless of citizenship status. "Title VII articulates the national policy against national origin discrimination in the workplace, while also preserving an employer's freedom of choice to make sound business decisions. As the composition of the American workforce continues to change, Title VII's prohibition against national origin discrimination has become increasingly significant in ensuring equality in employment opportunities." 1) Today, about one of ten Americans is foreign-born. The largest numbers of recent immigrants have come from Asia, including China, India, and Vietnam, and from Latin America, including Mexico, El Salvador, and Cuba. Between 1990 and 2000, the proportion of the U.S. population of Asian origin increased substantially. The proportion of Hispanics also rose substantially, and now one in eight Americans is Hispanic.

Immigration also has expanded diversity among Black Americans, including new immigrants from the Caribbean and sub-Saharan Africa. Since 1980, the proportion of Black Americans who are foreign-born has risen by about 65 percent. " 2)

The American workforce has witnessed a corresponding increase in diversity. In 1999, immigrant workers numbered 15.7 million, accounting for 12 percent of U.S. workers.

Between 1990 and 1998, 12.7 million new jobs were created in the United States, and 38 percent (5.1 million) were filled by immigrants. In 2000, Hispanics, Asians, and American Indians constituted 15.2 percent of the workforce employed by private employers with 100 or more employees. Many successful businesses have benefited from a diverse labor force. The companies and their Human Resource managers recognize the pluralism of American society, and they are realizing that harmony - and therefore the efficiency and effectiveness - of the workplace requires greater sensitivity to cultural differences.

National Origin Discrimination is different than race discrimination. It happens when an employer discriminates because of where someone was born. Apparently, race discrimination and national origin discrimination can often go together.

The Immigration Reform and Control Act, (IRCA) prohibits employment discrimination because of national origin against U.S. citizens, U.S. nationals, and authorized aliens, which are legal in the United States and have an employment permit.

A "U.S. citizens only" policy in hiring is illegal. An employer may require U.S. citizenship for a particular job only if it is required by federal, state, or local law, or by government contract. An employer may not discriminate because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylums.

Source: 1) McCall, Leslie (2003). Page 143. Complex Inequality, Gender, Class and Race in the New

Economy.

2) McCall, Leslie (2003). Page 193 et sqq. Complex Inequality, Gender, Class and Race in

the New Economy.

Explanation of National Origin Discrimination

National origin discrimination is to treat someone less favorably because the individual, or his or her ancestors, is from a certain place, country or belongs to a particular national origin group. The place is usually a country or a former country, for example. In some cases, the place has never been a country, but is closely associated with a group of people who share a common language, culture, ancestry, and/or other similar social characteristics, for example, Kurdistan. Title VII of the Civil Rights Act from 1964 prohibits employer actions that have the purpose or effect of discriminating against persons because of their national origin. Furthermore, Title VII prohibits discrimination against a person because he or she is associated with an individual of a special national origin. A national origin group, often also called an ethnic group, is a group of people sharing a common language, culture, ancestry, or other similar social characteristics. These national origin groups could be large ethnic groups, such as Hispanics and Arabs or smaller ethnic groups, such as Kurds or Sinti & Romanies. Another important group in the United States are American Indians or members of a particular tribe. Employment discrimination against a national origin group includes discrimination based on the ethnicity, for example discrimination against someone because he is Arab. National origin discrimination also includes discrimination against anyone who does not belong to a particular ethnic group, for example, less favorable treatment of anyone who is not Hispanic or Arab. This case is called reverse discrimination.

Another point is the discrimination against an individual because she has physical, linguistic, and cultural characteristics closely associated with a national origin group, as discrimination