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Overview: Employers should be aware that Title VII and various state and local laws prohibit employee discrimination against an individual based on the individual's national origin or ethnicity.
National origin harassment may involve making offensive jokes, using demeaning names, using slurs, stereotypes and epithets, and imitating an individual's accent.
Employers should take all necessary steps to eliminate national origin harassment by instituting a workplace policy that national origin harassment is strictly prohibited. Further, the employers should make sure that there is an adequate complaint system in place so employees know how to bring a complaint.
In addition, employers should promptly respond to and address all complaints and take remedial action if needed.
Trends: In the aftermath of September 11, national origin harassment has increased - a significant number of Muslim and Arab employees have experienced harassment in the workplace based on their ethnicity.
In addition, the EEOC has recently indicated that it is willing to pursue illegal harassment of vulnerable farm workers especially in light of the fact that such workers are seasonal immigrants and migrant workers who may not understand the English language and who may be unfamiliar with the protections afforded to workers under federal and state law.
Beth P. Zoller, J.D., Legal Editor
When employees resign, employers have a valuable opportunity to both gather candid information regarding their business practices and identify risk. This How To will assist employers with the steps to encourage employees to participate in exit interviews, select the right person to conduct exit interviews and how best to prepare for, conduct and process the information obtained during exit interviews.
The EEOC is pursuing non-traditional harassment claims such as those by males against males and claims based on national origin harassment, sexual violence and abuse. Further, the EEOC has indicated that farm workers are particularly vulnerable because they often work long hours in isolated working conditions and lack familiarity with legal protections and access to the legal system.
In Garcia v. Spun Steak Co. 998 F.2d 1480, (9th Cir. 1993), the 9th Circuit considered whether a policy requiring employees to speak only English while working had a disparate impact on bilingual members of the workforce.
In-depth review of the spectrum of Washington employment law requirements HR must follow with respect to EEO - harassment.
In-depth review of the spectrum of South Carolina employment law requirements HR must follow with respect to EEO - Harassment.
In-depth review of the spectrum of Virginia employment law requirements HR must follow with respect to EEO - Harassment.
In-depth review of the spectrum of Arizona employment law requirements HR must follow with respect to EEO - harassment.
In-depth review of the spectrum of Indiana employment law requirements HR must follow with respect to EEO - harassment.
In-depth review of the spectrum of Missouri employment law requirements HR must follow with respect to eeo and harassment.
HR guidance on addressing national origin harassment and creating a more tolerant and diverse workforce.