The U.S. Equal Employment Opportunity Commission (EEOC) recently issued enforcement guidance to address national origin discrimination as it stands in Title VII of the Civil Rights Act of 1964. The new guidance concerns legal developments that have taken place since the last time national origin discrimination was addressed by the EEOC in 2002. The new guidelines details how the EEOC investigates claims of national origin discrimination, serving as a guideline for employers and their counsel.
Title VII protects employees from discrimination based on race, religion, sex, or national origin. The Act prohibits employers from adverse treatment of potential or existing workers because of their ethnicity or perceived ethnicity. All employment decisions including hiring, firing, promotions, or disciplinary actions are addressed in the revised EEOC enforcement guidance. The new enforcement guidance also addresses matters of spoken language, job segregation, and human trafficking.
In addition to clarifying federal policy, the updated EEOC guidance offers several recommendations for employers to reduce the risk of violating Title VII while promoting equality in the workplace. The EEOC suggests that using a variety of recruitment methods will help employers develop a diverse workforce.
Including the phrase “equal opportunity employer,” along with all legitimate qualifications for the job in employment advertisements, reduces the risk of a Title VII violation. For example, if a candidate needs to read a certain language to perform the job at hand, stating that requirement in the job description eliminates the potential for a discrimination claim.
Establishing clear and objective criteria for holding workers accountable for discriminatory practices can also reduce discrimination claims. Employers should have a consistent and progressive policy for handling poor employee performance that leaves little room for interpretation. Recording every incident of employee misconduct and the subsequent disciplinary action is also crucial to demonstrate that proper protocol is being followed.
Lastly, employers should communicate to potential and existing employees that harassment and discrimination will not be tolerated in the workplace. Procedures for addressing discrimination claims in Delaware County and elsewhere should be readily accessible for all employees. Managers should be trained on how to prevent, recognize, and discipline incidents of national origin discrimination in order to create a robust and diverse workforce where everyone feels safe.
Delaware County Discrimination Lawyers at The Gold Law Firm P.C. Fight Employee Discrimination Based on National Origin
If you believe you are a victim of workplace discrimination in Delaware County, Sidney L. Gold & Associates can help. Dedicated entirely to employment law, our team of highly-skilled Delaware County employment lawyers tackle discrimination cases in every industry. If your employer acted outside of the law in your demotion or termination, we can hold them accountable. Call our Philadelphia offices to schedule your free initial consultation at 215-569-1999. You can also contact us online to get started. The Gold Law Firm P.C. serves clients across the greater Philadelphia area, southeastern Pennsylvania, New Jersey, and New York.
