National Origin Discrimination
California’s Fair Employment and Housing Act (“FEHA”) makes it unlawful for a Los Angeles employer to discriminate on the basis of an individual’s national origin or ancestry. This means a Los Angeles employer may not take any adverse employment action(s), such as demote, terminate, or refuse to promote an employee, because of the country where the employee was born, their ancestry, or their physical, cultural, or linguistic characteristics.
The FEHA also prohibits harassment in the workplace based on national origin. A wide range of conduct may give rise to liability for harassment based on an individual’s national origin, including the use of epithets, derogatory comments, disturbing racially offensive materials, or racial slurs. Although the law generally does not prohibit occasional, isolated, or trivial comments, harassment can be established when the comments are so severe or pervasive that it alters the conditions of employment and creates a hostile or abusive work environment.
A Los Angeles employer has a duty to remedy instances of harassment as well as take steps to prevent such harassment from occurring in the future. An employer who fails to remedy problems in the workplace may be held liable for the harassment despite having a formal policy prohibiting such harassment.
If you have been subject to unlawful discrimination or harassment in the workplace, we can help. In order to evaluate your individual situation and determine the appropriate legal remedies, contact our office for a free consultation.