Race and National Origin Discrimination

Race and National Origin Discrimination

Federal and Missouri law forbid race and national origin discrimination in every aspect of the employment relationship, including hiring, firing, promotion, compensation, job training, or any other term or condition of employment. We help clients understand the network of various anti-discrimination laws on these matters, their rights under such laws, and how to ensure workplaces are free from any such discrimination. Because discrimination can take or manifest itself in many forms, we work closely with our clients to understand all relevant facts and circumstances that underlie a situation involving concerns or complaints about race or national origin discrimination. With our knowledge and experience, we can help protect, defend, and assert your rights.

Federal and Missouri Law

Federal law covering race and national origin discrimination is largely encompassed within Title VII of the Civil Rights Act of 1964, whereas Missouri law on such discrimination derives in large part from the Missouri Human Rights Act (“MHRA”). The Civil Rights Act of 1964 was landmark anti-discrimination legislation that also prohibited racial segregation in employment, schools and public accommodations.

In addition to prohibiting segregation and intentional discrimination on the basis of race and national origin, Title VII and Missouri law further prohibit employment policies that operate to disadvantage the employment opportunities of any race or national origin. They also prohibit employment decisions based on stereotypes and assumptions about abilities, traits or work performance of individuals of certain racial or ethnic groups, ancestry, birthplace, culture or linguistic characteristics or surnames associated with a particular national origin, just as such laws prohibit sex-based stereotyping in employment decisions.

While Title VII does not specifically define “race” or “national origin,” the Equal Employment Opportunity Commission (“EECO”)—the agency entrusted with administration of discrimination laws—generally interprets such protected classes in an inclusive fashion. For example, the EEOC considers “national origin” to mean places of origin—not necessarily “countries” of origin. Similarly, the United States Supreme Court has indicated that national origin refers to an individual’s, or the individual’s ancestor’s, place of birth. See Espinoza v. Farah Mfg. Co., Inc., 414 U.S. 86, 88-89 (1973) (“national origin” does not entail citizenship requirement); see also Kanaji v. Children’s Hosp. of Philadelphia, 276 F. Supp. 2d 399, 400-04 (E.D. Pa. 2003) (rejecting argument that individual must specify a county or nation of origin to bring national origin discrimination case under Title VII and discussing legislative history and related court decisions).

Contact Us

To set up a consultation regarding race or national origin discrimination, please contact Dolley Law, LLC at (314) 645-4100 or by email at kevin@dolleylaw.com. All legal consultations are held strictly confidential.

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