This link has been bookmarked by 5 people . It was first bookmarked on 18 Mar 2008, by onething.
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13 Jan 14
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employers are realizing that "harmony - and therefore the efficiency and effectiveness - of the workplace requires greater sensitivity to cultural differences."(13)
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national origin discrimination means treating someone less favorably because that individual (or his or her ancestors) is from a certain place or belongs to a particular national origin group.(
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Ethnicity:
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Physical, linguistic, or cultural traits:
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Perception:
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his speech, mannerisms, and appearance, regardless of how he identifies himself or whether he is, in fact, of Arab ethnicity
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Chinese ethnicity and physical features
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Title VII prohibits employers from imposing more restrictive workplace policies on some national origin (or religious) groups than on others.
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as long as the policy was not adopted for discriminatory reasons and is enforced evenhandedly.(23)
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involuntarily transferred by a client from a position that involves public contact to a lower-paying position because of perceptions about her national origin
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omparable qualifications
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alse reason for its action as a pretext for unlawful discrimination.
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In addition, employers may not rely on coworker, customer, or client discomfort or preference as the basis for a discriminatory action. If an employer takes an action based on the discriminatory preferences of others, the employer is also discriminating.
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negative perceptions about Alexi's ethnicity.
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an employer has clearly defined criteria for employment decisions
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Criteria that are not business-related sometimes improperly screen out individuals based on national origin.
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workers have been given warnings or permitted to make up the time for comparable violations
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National origin harassment violates Title VII when it is so severe or pervasive that the individual being harassed reasonably finds the work environment to be hostile or abusive.(
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take many different forms, including ethnic slurs, workplace graffiti, or other offensive conduct directed towards an individual's birthplace, ethnicity, culture, or foreign accent.
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EMPLOYER LIABLE FOR UNLAWFUL HARASSMENT BY A NON-EMPLOYEE
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XYZ is liable for the actions of Charles, a non-employee, because it had the power to control Charles's access to the premises, was aware of Charles's offensive conduct, and did not take corrective action.
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an employer must still determine whether the particular individual's accent interferes with the ability to perform job duties.
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Title VII prohibits retaliation against an individual because he or she has opposed unlawful national origin discrimination or participated in the complaint process by filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under Title VII.
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18 Mar 08
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25 Oct 07
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