Ohio Revised Code § 4112.02, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1866 make it illegal for employers to discriminate against their employees based on the employee’s national origin or ethnic background. Our employment discrimination lawyers will tell you that this means no taking adverse actions, such as firing, demoting or disciplining, an employee based on his or her national origin. It means employers cannot set policies that have a disparate impact on employees of a certain national origin, and specifically that English only rules may only be imposed if necessary to promote the safe or efficient operation of the employer’s business. It especially means that employers cannot harass their employees based on their national origin.
A national origin lawsuit against Mesa Systems provides a perfect example of what employers should not do. The warehouse manager called its Mexican-American workers such colorful terms as: “fucking Mexicans,” “Fuck you, mojado,” and “wetback.” Mesa also put in place a restrictive language policy that had a disparate impact against Hispanics and Asians/Pacific Islanders. Then, according to the complaint, when two employee petitions and other complaints were submitted to management about the national origin discrimination, Mesa retaliated against Hispanic employees by terminating those involved in the petition and reducing hours of other complaining Hispanics.
Okay, no real legal analysis is needed here. If the allegations in the complaint are true, it appears that Mesa went down the check list of what not to, and checked off each violation as it did it. Then for good measure, Mesa went back did it again, and then retaliated against employees complained.
In the end, Mesa agreed to settle the national origin discrimination lawsuit by paying $450,000 and furnish other relief required by a court-ordered consent decree.
If you feel that your employer is discriminating against you based on your national origin (Mexican, Puerto Rican, Asian or even American), you may have a legal claim. To find out if you have a legal claim for national origin discrimination, your best option is to call the right attorney at (216) 291-4744 to schedule a free and confidential consultation. At The Spitz Law Firm, you will meet with a national origin discrimination attorney, who will be able to tell you what your legal rights are and the best way to protect them.
The materials available at this employment law website are for informational purposes only and not for the purpose of providing legal advice. It is best contact an Ohio religious discrimination lawyer to obtain advice with respect to sexual harassment /hostile work environment questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.