Florida National Origin Discrimination Attorneys
Being terminated, passed over for a promotion, paid less, or harassed at work because of your national origin isn’t just wrong. It may be illegal.
For over 30 years, Wenzel Fenton Cabassa, P.A. has helped thousands of workers assert their rights and hold employers accountable for workplace discrimination, including national origin discrimination. Our attorneys are committed to providing clients with diligent, aggressive, and ethical representation. We have decades of experience handling sensitive and complex employment discrimination cases.
If you have experienced unequal treatment based on your national origin, contact our national origin discrimination attorneys for a free, confidential case evaluation.
Understanding National Origin Discrimination
In the original language of Title VII of the Civil Rights Act, national origin was listed along with race, color, religion, and sex. The term also appears in the Florida Civil Rights Act.
These laws protect people from discrimination based on their country of birth or family background. That protection can extend beyond where someone was born. It may also apply when a person is treated differently because of their ethnicity, language, accent, or other characteristics associated with their national origin.
The line between national origin and race discrimination is blurry. Some simple examples include treating workers or job applicants differently based on the following:
- A person with a Chinese surname
- An applicant or worker who has a Cuban accent
- An employee of Jamaican descent
In all these cases, treating someone differently because of these characteristics may constitute national origin discrimination.
National Origin Discrimination in the Workplace
Civil rights laws prohibit employers from using national origin to determine a person’s terms or conditions of employment.
The law also prohibits facially neutral policies that have a disparate impact on people of certain national origins. For example, a company may require applicants to be U.S.-born, even when birthplace is unrelated to the position. Similarly, a manager of one national origin may terminate an employee of a different national origin for misconduct while overlooking the same misconduct by employees who share the manager’s national origin, even if they all share the same race.
Wenzel Fenton Cabassa, P.A. can evaluate your claim to determine whether your national origin may have played a role in your employer’s action. We use experience and strategy to fight for justice and pursue the legal remedies available to you.
Discrimination During Hiring
National origin discrimination can happen before an applicant ever receives a job offer. An employer might decide not to interview someone because of their name, accent, birthplace, or family background. Questions about where an applicant or their family is from can also raise concerns when they have nothing to do with the position. Even a job advertisement can discourage certain people from applying if it suggests employers don’t want applicants from a particular background.
If you believe you were passed over for a job because of your national origin, an employment attorney can help you evaluate whether the employer’s hiring decision violated your rights.
Discrimination in Pay, Promotions, or Benefits
National origin discrimination doesn’t always end once someone is hired. It can continue to affect employees throughout their careers, particularly when it comes to compensation and advancement.
Workers may be paid less than colleagues who perform the same job simply because of their national origin. Qualified employees may be denied promotions that go instead to less qualified coworkers of a different background. Benefits like health insurance, paid leave, or retirement contributions may also be distributed unequally along national origin lines.
Proving this type of discrimination may require looking closely at pay records, promotion decisions, and other workplace documents. An attorney can help determine what evidence may support your claim.
Wrongful Termination Based on National Origin
Florida is an at-will employment state, meaning employers generally have broad discretion to terminate employees for almost any reason, or no reason at all. However, that discretion has limits. Employers cannot legally fire an employee because of their national origin, no matter how they frame the termination.
Employers may point to performance problems, staffing changes, or another workplace issue when ending someone’s employment. Those reasons can be legitimate, but they don’t automatically rule out discrimination. What happened before the termination, and how the employer treated other employees, can help put the decision in context.
Discrimination Based on an Accent
The way a person speaks can sometimes become an issue at work. An employer may have a valid reason to consider communication skills for certain jobs, especially when employees need to understand instructions clearly or communicate about safety. That is different from treating someone poorly simply because they have an accent.
For example, an accent should not be used to limit someone’s opportunities when the employee can perform the job effectively. Problems can arise when an employee is moved to a different position, passed over for advancement, or fired because a manager or coworker dislikes the way the employee speaks.
The circumstances surrounding the decision matter. If an employer cites communication concerns but the employee’s work does not support them, the situation may deserve further review.
National Origin Discrimination Laws in Florida
Two laws are particularly important in Florida employment discrimination cases: Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act. The Equal Employment Opportunity Commission (EEOC) also handles complaints under federal law.
Title VII of the Civil Rights Act of 1964
Title VII prohibits certain employers from making employment decisions based on national origin. That can include decisions about who gets hired, how much an employee is paid, whether someone receives a promotion, and whether an employee keeps their job.
The law also addresses workplace harassment and protects employees who speak up about discrimination from retaliation. Title VII generally covers employers with 15 or more employees.
Florida Civil Rights Act
Florida has its own law addressing employment discrimination. The Florida Civil Rights Act covers national origin discrimination and provides another way for an employee to pursue a claim. Depending on the facts, a case may involve both Florida and federal law.
The EEOC’s Role
The Equal Employment Opportunity Commission, commonly called the EEOC, handles federal employment discrimination complaints. In many cases, an employee must file a charge with the agency before bringing a Title VII lawsuit. The EEOC may investigate the complaint or help the parties try to resolve the matter. If the case is not resolved through that process, the employee may receive a notice giving them the right to file a lawsuit.
Benefits of Hiring a National Origin Discrimination Attorney
You may be wondering, “Why should I hire a national origin discrimination lawyer?” National origin discrimination claims can involve complex legal issues, strict deadlines, and employers who are prepared to defend their decisions. An experienced national origin discrimination attorney can help you understand your rights, evaluate your legal options, and navigate each stage of the process.
Fortunately, Wenzel Fenton Cabassa, P.A. has decades of experience handling national origin discrimination claims in Florida. Over thousands of cases, we have gained a deep understanding of the laws and procedures involved in workplace discrimination claims. We use this experience to advocate for the relief our clients may be entitled to under the law, such as compensation for their losses and expenses.
Not every case ends up in court. Depending on the circumstances, a claim may be resolved through negotiations with the employer or continue into litigation. Our attorneys are prepared to handle either situation and advocate for your interests throughout the case.
Wenzel Fenton Cabassa’s Proven Success in National Origin Discrimination Cases
We have a long track record of success in national origin discrimination cases. For instance, we recently secured $25,000 for an employee of Middle Eastern origin who was ridiculed and terminated. We also obtained $45,000 for an employee discriminated against due to his national origin. These are just a couple of examples of the countless national origin claims we have handled at our firm.
Explore more of our employment law case results.
The Legal Process Explained
Wenzel Fenton Cabassa, P.A. provides experienced representation and support at every step of the legal process.
Investigation
Our Case Investigation team will learn about your situation and gather the information needed for our national origin discrimination attorneys to evaluate your potential claim.
Case Evaluation
A senior attorney experienced in handling workplace discrimination claims will review your information and determine whether our firm may be able to represent you.
Pursue Your Claim
Once you become a client, our attorneys can take the appropriate steps to pursue your national origin discrimination claim, which may include filing a Charge of Discrimination with the EEOC, contacting your employer, and seeking a resolution before litigation.
Litigate
If your claim cannot be resolved and we accept your case for litigation, our national origin discrimination attorneys may file a lawsuit and advocate for your rights throughout the litigation process.
Every case is different, and the course your national origin discrimination claim takes will depend on your situation. Learn more about our Case Process and what you can expect when you contact Wenzel Fenton Cabassa, P.A.
What Compensation Can You Recover for National Origin Discrimination?
The financial recovery in a discrimination case depends on what happened and how the discrimination affected you. Depending on the claim, damages can cover past income, future earnings, emotional harm, and other losses.
Lost Wages and Back Pay
If discrimination caused you to lose pay, you may be able to recover those lost earnings. This can include wages lost after a termination, demotion, or other discriminatory employment decision.
Front Pay
Going back to your former position isn’t always a workable solution. In those situations, an award of front pay can address income you are expected to lose in the future because of the discrimination.
Compensatory Damages
Lost wages aren’t the only type of harm a discrimination claim can involve. In certain cases, an employee may also seek damages for emotional distress and other personal losses caused by the employer’s actions.
Punitive Damages
Some employers may face additional damages when their conduct was especially serious. Punitive damages are intended to penalize that conduct rather than compensate the employee for a specific loss. Whether they can be awarded depends on the facts of the case and legal requirements.
Reinstatement or Other Relief
Money isn’t the only possible remedy. Depending on the case, an employee could seek to return to a former position or receive other relief related to the discriminatory employment practice. A national origin discrimination attorney can review the circumstances and explain what remedies may apply.
How Long Do I Have to File a National Origin Discrimination Claim in Florida?
National origin discrimination claims are subject to strict filing deadlines, and missing them can prevent you from pursuing your case. Before filing a Title VII lawsuit, employees generally must first file a charge with the EEOC within the applicable deadline. Because Florida is a deferral state, that deadline is generally 300 days from the date of the discriminatory act, though the exact timeline can depend on the specifics of your situation.
These deadlines can vary depending on the type of claim you’re pursuing and whether you’re proceeding under federal law, state law, or both. The timing of your EEOC charge also affects when and how you can move forward with a lawsuit if your claim isn’t resolved. Because these deadlines can pass quickly, speak with an attorney as soon as possible rather than waiting until a deadline is close.
Your Rights, Our Commitment
No one should experience national origin employment discrimination, and we are committed advocates for those who have. For over 30 years, Wenzel Fenton Cabassa, P.A. has represented Florida employees in discrimination cases, including complex litigation.
Our attorneys represent employees throughout Florida in national origin discrimination cases. We work with clients in Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, West Palm Beach, and communities throughout the state. If you believe you have been treated unfairly because of your national origin, contact us to discuss your situation during a free, confidential consultation.
FAQs
It can. Comments about the way you speak, your appearance, your name, or your cultural background may be relevant if they are connected to how your employer treats you at work.
If HR fails to address reported harassment based on national origin, your employer may be liable for allowing any continued harassment.
Examples include:
- Rejecting qualified applicants because of an accent
- Mocking an employee’s accent
- Reassigning employees because clients complain about how they speak
It means someone is treated differently at work because of their background or where they or their family come from. That can involve a person’s ethnicity, accent, language, or other traits connected to their national origin.
No. Your national origin cannot be used as the reason for firing you. Florida’s at-will employment rules do not give an employer the right to discriminate on that basis.
An accent by itself does not mean an employer has violated the law. The situation changes when an employer uses an employee’s accent as a reason for an unfair employment decision, such as a demotion, reassignment, or termination.
The details of what happened at work matter. Keep any messages, reviews, or other records that relate to the situation, and write down important conversations while they are still fresh. An attorney can help you assess whether those details point to discrimination.
In most cases, you must first file a charge with the EEOC before pursuing a lawsuit under Title VII. Once the EEOC process concludes and you receive a right-to-sue letter, you may be able to file a lawsuit against your employer.
Compensation varies based on the facts of your case and may include lost wages, front pay, compensatory damages, and in some cases punitive damages. An attorney can evaluate your circumstances to help you understand what may be available.
No. Reporting discrimination is protected activity. An employer cannot punish you simply because you spoke up or took part in an investigation. If your treatment at work changes after you make a complaint, keep track of what happens.
RELATED POSTS FOR Discrimination
Can I Be Fired for Reporting Sexual Harassment or Discrimination?
Quick answer: No, your employer generally cannot legally fire you because you reported sexual harassment or workplace …
Can I Be Fired for Reporting Sexual Harassment?
No, your employer generally cannot legally fire you for reporting sexual harassment. If you report sexual harassment at …
Contact Us
FREE HELP GUIDES
Dealing with unpaid wages, discrimination or wrongful termination? Get the information you need to protect your workplace rights. We offer employment law resources to help you fight for workplace justice.
