Los Angeles National Origin Discrimination Lawyer

What California & Federal Law Prohibit

California’s Fair Employment and Housing Act (FEHA), codified at Government Code section 12940(a), prohibits employers from refusing to hire, discharging, or otherwise discriminating against any person in compensation or employment terms because of national origin or ancestry. FEHA applies to employers with five or more employees. Its 2018 regulations extend the definition to cover physical, cultural, or linguistic characteristics associated with a national origin group, as well as marriage to or association with persons of a national origin group and membership in organizations identified with that group.

Title VII of the Civil Rights Act of 1964 provides parallel federal protection but applies only to employers with fifteen or more employees. For most Los Angeles workers, FEHA offers broader reach and, as discussed below, different remedies.

English-Only Policies & Accent Discrimination

Two forms of national origin discrimination come up frequently in California workplaces. First, English-only workplace policies are presumed unlawful under state law unless the employer can prove the restriction is justified by genuine business necessity, is narrowly tailored to that need, and employees were notified of when it applies and the consequences of violating it. A blanket policy that prohibits employees from speaking their native language at all times rarely survives that standard.

Second, an employer can’t take an adverse employment action based on an employee’s accent unless it can prove the accent materially interferes with job performance. The fact that a supervisor finds an accent difficult, or simply prefers a different one, isn’t a lawful basis for a hiring or promotion decision. Under FEHA, treating someone differently because of their native language or accent is national origin discrimination.