It is unlawful to discriminate against any employee or applicant because of the individual's national origin. No one can be denied equal employment opportunity because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. If an employer believes the English-only rule is critical for business purposes, employees have to be told when they must speak English and the consequences for violating the rule. Any negative employment decision based on breaking the English-only rule will be considered evidence of discrimination if the employer did not tell employees of the rule. An ethnic slur or other verbal or physical conduct because of an individual's nationality constitutes harassment if they create an intimidating hostile or offensive working environment, unreasonably interfere with work performance or negatively affect an individual's employment opportunities.
Employers have a responsibility to maintain a workplace free of national origin harassment.
Under certain circumstances, an employer may be responsible for the acts of non-employees who harass their employees at work. Donald W. Fohrman Ltd. All rights reserved.