To avoid employer sanctions, employer routinely calls government agencies to determine whether documents offered by applicants are legitimate. Employer relies upon information to incorrectly decide that applicant does not have work authorization and refuses to hire him or her. Avoiding Discrimination on the Basis of National Origin Employers are prohibited from discriminating against persons on the basis of their national origin. Employers cannot treat qualified persons differently because they have the physical, cultural, or linguistic characteristics of a national group. Common examples and alternatives Asking only persons of a particular national origin for documents.
Employer asks all job applicants believed to be Mexican to provide proof of permanent residency.
Because of their national origin, perceived Mexican applicants are treated differently. This also may be discrimination on the basis of citizenship. Requiring unnecessary language proficiency. Employer requires all employees to speak English fluently on the job, regardless of whether competent performance of the job requires such skills. Persons with accents or limited English ability are not hired for field production and harvest jobs, even though English fluency is not essential to performing them.