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# Federal Protections Against National Origin Discrimination

> INTRODUCTION
      Federal laws prohibit discrimination based on a person's national origin, race, color, religion,disability, sex, and familial status.  Laws prohibiting national origin discrimination make itillegal to discriminate because of a person's birthplace, ancestry, culture or language.  This meanspeople cannot be denied equal opportunity because they or their family are from another country,because they have a name or accent associated with a national origin group, because theyparticipate in certain customs associated with a national origin group, or because they are marriedto or associate with people of a certain national origin.  

     The Department of Justice's Civil Rights Division is concerned that national origindiscrimination may go unreported in the United States because victims of discrimination do notknow their legal rights, or may be afraid to complain to the government.  To address thisproblem, the Civil Rights Division has established a National Origin Working Group to helpcitizens and immigrants better understand and exercise their legal rights.  If you think you, orsomeone you know, has been discriminated against because of national origin and want to learnmore about exercising your legal rights, you should read this brochure.

     This brochure explains the laws prohibiting national origin discrimination and provides someexamples.  You may find additional information about the Civil Rights Division and its Sectionson the internet at http://www.usdoj.gov/crt.  You may contact the Division to report complaintsof discrimination as explained below.
KNOWING YOUR LEGAL RIGHTS
     The Civil Rights Division of the Department of Justice enforces federal laws that prohibitdiscrimination in:

EducationEmploymentHousingLendingPublic AccommodationsLaw Enforcement / Police MisconductVoting

     The Division also enforces laws that prohibit discrimination on the basis of disability, protectsthe civil rights of persons who are institutionalized in certain state or local facilities,  andprosecutes crimes that are motivated by a crime victim's  race, color, or national origin.

     In some cases, the Division may only become involved if there is a "pattern or practice" ofdiscrimination.  A "pattern or practice" generally means that there is more than a single incidentof discrimination, and that there is a policy or repeated conduct that is discriminatory.
CRIMINAL VIOLATIONS OF CIVIL RIGHTS
*  *A young man of South Asian descent is assaulted as he leaves a concert at a nightclub.  Theassailant, a member of a skinhead group, yells racial epithets as he beats the victim unconsciousin the club's parking lot with fists and a pipe.*

*  *At Ku Klux Klan meetings, a Klansman tells other members that Mexicans and Puerto Ricansshould go "back where they came from."  They burn a cross in the front yard of a youngHispanic couple in order to frighten them and force them to leave the neighborhood.  Beforeburning the cross, the defendant displays a gun and gives one of his friends another gun in casethe victims try to stop them.*

*  *An American company recruits workers in a small Mexican town, promising them good workat high pay.  The company smuggles the Mexicans to the United States in an empty tanker truck. When they finally arrive in the U.S., the workers are threatened, told that if they attempt to leavetheir factory they will be killed.*

     The Criminal Section of the Civil Rights Division prosecutes people who are accused of usingforce or violence to interfere with a person's federally protected rights because of that person'snational origin.  These rights include areas such as housing, employment, education, or use ofpublic facilities.  You can reach the Criminal Section at (202) 514-3204 or write to: 

U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Criminal Section, PHB Washington, D.C. 20530 
DISABILITY RIGHTS
*  *An HMO that enrolls Medicaid patients tells a Mexican American woman with cerebral palsyto come back another day for an appointment while it provides immediate assistance to others.*

     This example may be a violation of federal laws that prohibit discrimination because ofdisability as well as laws that prohibit discrimination because of national origin.  If you believeyou have been discriminated against because you have a disability you may contact the DisabilityRights Section at (800) 514-0301 (voice) or 800-514-0383 (TTY).  You may also write to:

U.S. Department of Justice 950 Pennsylvania Avenue, NW Civil Rights Division Disability Rights Section - NYAV Washington, D.C. 20530 
EDUCATION
*  *A child has difficulty speaking English, but her school does not provide her with the necessaryassistance to help her learn English and other subjects.*

**A majority Haitian school does not offer honors classes.  Other schools in the district that donot have many Haitian students offer both honors and advanced placement courses.*

     These examples may be violations of federal law, which prohibits discrimination in educationbecause of a person's national origin.  The Division's Educational Opportunities Section enforcesthese laws in elementary and secondary schools as well as public colleges and universities.  TheEducation Section's work addresses discrimination in all aspects of education, includingassignment of students to schools and classes, transportation of students, hiring and placement offaculty and administrators, distribution of school resources, and provision of educationalprograms that assist limited English speaking students in learning English.

     To file a complaint or for more information, contact the Education Section at (202) 514-4092,or write to: 

 U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Educational Opportunities Section, PHB Washington, D.C. 20530 
EMPLOYMENT
* *A transit worker's supervisor makes frequent racial epithets against the worker because hisfamily is from Iran.  Last week, the boss put up a fake sign on the bulletin board telling everyonenot to trust the worker because he is a terrorist.*

*  *A woman who immigrated from Russia applies for a job as an accountant.  The employerturns her down because she speaks with an accent even though she is able to perform the jobrequirements.*

**A food processing company requires applicants who appear or sound foreign to show workauthorization documents before allowing them to complete an employment application whilenative born Caucasian applicants are not required to show any documents before completingemployment applications.  Moreover, the documents of the ethnic employees are more closelyscrutinized and more often rejected than the same types of documents shown by native bornCaucasian employees.*

     These examples may be violations of the law that prohibits discrimination against anemployee or job applicant because of his or her national origin.  This means an employer cannotdiscipline, harass, fire, refuse to hire or promote a person because of his or her national origin.

If you believe an employer, labor organization or employment agency has discriminated againstyou because of your national origin, contact:   
Equal Employment Opportunity Commission(800) 669-4000(Employers with 15 or more employees)Office of Special Counsel(800) 255-7688U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Office of Special Counsel for Immigration-Related Unfair EmploymentPractices, 1425 Washington, D.C. 20530 (Employers with 4 to 14 employees)Employment Litigation Section(202) 514-3831U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Employment Litigation Section, PHB Washington, D.C. 20530 (State or local government employer with a pattern or practice of illegal discrimination)
     In addition, an employer may violate federal law by requiring specific work authorizationdocuments, such as a green card, or rejecting such documents only from applicants of certainnational origins.  For more information or to file a charge, contact the Division's Office ofSpecial Counsel at the above address or toll-free number.
HOUSING
*  *A Native Hawaiian family is looking for an apartment.  They are told by the rental agent thatno apartments are available, even though apartments are available and are shown to whiteapplicants.*

*  *A realtor shows a Latino family houses only in Latino neighborhoods and refuses to show thefamily houses in white neighborhoods.*

     These examples may be violations of the federal Fair Housing Act.  That law prohibitsdiscrimination because of national origin, race, color, sex, religion, disability, or familial status(presence of children under 18) in housing.  Individual complaints of discrimination may bereported to the Department of Housing and Urban Development (HUD) at (800) 669-9777.  Ifyou believe there is a pattern or practice of discrimination, contact the Division's Housing andCivil Enforcement Section at (202) 514-4713.
LENDING
*  *A Latina woman is charged a higher interest rate and fees than white male customers whohave similar financial histories and apply for the same type of loan.*

     This example may be a violation of federal laws that prohibit discrimination in lendingbecause of national origin, race, color, sex, religion, disability and marital status or because anyof a person's income comes from public assistance.  If you believe you have been denied a loanbecause of your national origin or other protected reason, you may ask the lender for anexplanation in writing of why your application was denied.  

    If the loan is for a home mortgage, home improvement, or other housing-related reasons, youmay file a complaint with the Department of Housing and Urban Development at (800) 669-9777.  If the loan is for purposes other than housing (such as a car loan),  you may file acomplaint either with the Division's Housing and Civil Enforcement Section or with the lender'sregulatory agency.   If your experience was part of a pattern or practice of discrimination you mayalso call the Housing and Civil Enforcement Section at (202) 514-4713,  to obtain moreinformation about your rights or to file a complaint. 
PUBLIC ACCOMMODATIONS
*  *In a restaurant, a group of Asian Americans waits for over an hour to be served, while whiteand Latino customers receive prompt service.*

*  *Haitian American visitors to a hotel are told they must pay in cash rather than by credit card,are charged higher rates than other customers, and are not provided with the same amenities,such as towels and soap.*

      These examples may be violations of federal laws that prohibit discrimination because ofnational origin, race,  color, or religion in places of public accommodation.  Publicaccommodations include hotels, restaurants, and places of entertainment.  If you believe youhave been denied access to or equal enjoyment of a public accommodation where there is apattern or practice of discrimination, contact the Housing and Civil Enforcement Section at (202)514-4713.  You may also write to: 

 U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Housing and Civil Enforcement Section, NWB Washington, D.C. 20530 
POLICE MISCONDUCT
**Police officers constantly pull over cars driven by Latinos, for certain traffic violations, butrarely pull over white drivers for the same violations.*

*  *A police officer questioning a man of Vietnamese origin on the street gets angry when the manis unable to answer his questions because he does not speak English.   The Officer arrests theman for disorderly conduct.*

     These examples may be violations of the Equal Protection Clause of the United StatesConstitution.  They may also be violations of the Omnibus Crime Control and Safe Streets Act of1968.  That law prohibits discrimination because of national origin, race, color, religion, or sexby a police department that gets federal funds through the U.S. Department of Justice.  They mayalso violate Title VI of the Civil Rights Act of 1964, which prohibits discrimination by lawenforcement agencies that receive any federal financial assistance, including asset forfeitureproperty.  

     Complaints of individual discrimination can be filed with the Coordination and ReviewSection at 

U.S. Department of Justice     Civil Rights Division     950 Pennsylvania Avenue, N.W.     Coordination and Review Section, 1425   Washington, D.C. 20530   

or contact the Coordination and    Review Section at 1-888-848-5306. 

     Complaints of individual discrimination may also be filed  with the Office of JusticePrograms at Office for Civil Rights, Office of Justice Programs, U.S.  Department of Justice,Washington, D.C. 20531, or contact Office of Justice Programs at (202) 307-0690. 

     The Special Litigation Section investigates and litigates complaints that a police departmenthas a pattern or practice of discriminating on the basis of national origin.  To file a complaint,contact the Special Litigation Section at (202) 514-6255 or write to:  

U.S. Department of Justice Civil Rights Division950 Pennsylvania Avenue, NWSpecial Litigation SectionWashington, D.C. 20530
CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS
*  *A jail will not translate disciplinary hearings for detainees who do not speak English.*

*  *A state's psychiatric hospital has no means of providing treatment for people who do notspeak English.*

     These examples may be violations of the Equal Protection Clause of the United StatesConstitution.  The Special Litigation Section enforces the constitutional rights of people held instate or local government institutions, such as prisons, jails, juvenile correctional facilities,mental health facilities, developmental disability or mental retardation facilities, and nursinghomes.  If you are a resident of any such facility and you believe there is a pattern or practice ofdiscrimination based on your national origin, contact the Special Litigation Section at (202) 514-6255.  You may also write to:

 U.S. Department of Justice Civil Rights Division950 Pennsylvania Avenue, NWSpecial Litigation SectionWashington, D.C. 20530
FEDERALLY ASSISTED PROGRAMS
*   *A local social services agency does not provide information or job training in Korean eventhough one quarter of local residents speak only Korean.*

*  *A hospital near the Texas/Mexico border dresses its security officers in clothes that look likeINS uniforms to scare Latinos away from the emergency room.  Latino patients are told to bringtheir own translators before they can see a doctor.*

     These examples may be violations of federal laws that prohibit discrimination because ofnational origin, race or color by recipients of federal funds.  If you believe you have beendiscriminated against by a state or local  government agency or an organization that receivesfunds from the federal government, you may file a complaint with the Division's Coordinationand Review Section at  (888) 848-5306.  You may also write to:  

U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Coordination and Review Section, 1425 Washington, D.C. 20530 

The Coordination    and Review  Section will refer the complaint to the federal funding agency    that is primarily responsible for  enforcing nondiscrimination prohibitions applicable to its  recipients.
VOTING
**Despite  requests from voters in a large Spanish-speaking community, election officials refuseto provide election materials, including registration forms and sample ballots, in Spanish or toallow Spanish speakers to bring translators into the voting booth.*

*  *A polling official requires a dark-skinned voter, who speaks with a foreign accent and has anunfamiliar last name, to provide proof of American citizenship, but does not require proof ofcitizenship from white voters.*

     The election officials' conduct may violate the federal laws prohibiting voting discrimination. The Voting Rights Acts do not specifically prohibit national origin discrimination.  However,provisions of the Acts make it illegal to limit or deny the right to vote of  any citizen not onlybecause of  race or color, but also because of membership in a language minority group.  Inaddition, the Acts also require in certain jurisdictions that election materials and assistance beprovided in languages other than English.      

     Additionally, Section 208 of the Voting Rights Act, allows voters, who need help because ofblindness, disability or because they cannot read or write, to bring someone (other than anemployer or union representative) to help.  This means that a voter who needs help reading theballot in English can bring a friend or family member to translate.  In some places, electionofficials must provide information, such as voter registration and the ballot, in certainlanguage(s) other than English.  This can include interpreters to help voters vote.

     If you believe that you have been discriminated against in voting or denied assistance incasting your ballot, you may contact the Division's Voting Section at  (800) 253-3931.   You mayalso write to:  

U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Voting Section, 1800G Washington, D.C. 20530 

Note: For persons with disabilities, this document will be available in large print, audio tape,computer disc, and braille.

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