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EEO Laws: National Origin Discrimination
What Is National Origin Discrimination?
National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).
National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin.
What Could Discrimination Look Like?
Being denied employment, promotions or receiving unfavorable assignments because of your national origin.
Being criticized or denied opportunities because of an accent or English proficiency.
Experiencing derogatory remarks, slurs, or stereotypes related to your ethnicity.
How to Avoid National Origin Discrimination?
Establish policies that are inclusive, and provide anti-discrimination training to all employees but particularly your hiring managers and leaders. Standardize your hiring and promotion criteria with objective measures.
National Origin Discrimination Protections Under Title VII
- Hiring, Promotion, and Employment Decisions
- Employers must not base hiring, firing, pay, promotions, job assignments, layoffs, or benefits on an individual’s national origin. Employment practices must be applied consistently and focus only on job-related qualifications. Practices that disproportionately exclude certain national origin groups may be unlawful.
- Pre-Employment Inquiries
- Asking about an applicant’s national origin before hiring may suggest discriminatory intent and can serve as evidence of discrimination if used in selection decisions. When national origin data is collected for legitimate purposes, such as affirmative action or tracking applicant flow, it should be kept separate from the hiring process to avoid bias.
- Compensation and Employment Terms
- Discrimination based on national origin in pay, benefits, work assignments, performance evaluations, training, discipline, or discharge is prohibited.
- Harassment
- Harassment because of national origin, including offensive jokes, slurs, or other derogatory conduct, is unlawful when it creates a hostile or intimidating work environment or interferes with an employee’s job performance. Harassment based on perceived national origin, even if incorrect, is also prohibited.
- Retaliation
- Employees are protected from retaliation when they oppose national origin discrimination or participate in an EEOC investigation or complaint, such as filing a charge or assisting in an inquiry.
- Segregation and Classification
- Separating employees, assigning them only to certain areas, or making employment decisions based on national origin is illegal. National origin can never be considered a valid job qualification under Title VII.
- Employment Agencies, Labor Organizations, and Training Programs
- Employment agencies and labor organizations may not discriminate in job referrals or membership. Employers must ensure that training programs, including apprenticeships, provide fair access and do not exclude individuals based on national origin.
How Can Goodwin Recruiting Assist?
At Goodwin Recruiting, we are committed to promoting fair, inclusive, and equitable hiring practices that align with EEO laws, including protections against national origin discrimination. We partner with organizations to build hiring strategies that attract top talent from all backgrounds while minimizing legal and ethical risks in the recruitment process.
Here’s how we can help:
✔ Inclusive Recruitment Strategies
We make sure our sourcing and recruiting methods do not rely on limited networks or biased criteria that could exclude qualified candidates based on national origin. Our recruiters actively promote diverse candidate slates and apply consistent, job-related qualifications across all positions.
✔ Bias-Free Screening and Evaluation
We help our clients design screening processes that focus solely on skills, experience, and job-related qualifications. Our team is trained to identify and eliminate unconscious bias that could affect resume review, interview questions, or candidate evaluation.
✔ Interview Process Support
We provide guidance on structuring interviews and best practices to ensure compliance with EEO standards. This includes advising clients on lawful and appropriate questions, avoiding assumptions based on a candidate’s national origin, and maintaining consistent evaluation criteria for every applicant.
✔ Education and Awareness
Goodwin Recruiting offers resources and training to help hiring managers recognize and prevent practices that could unintentionally discriminate against candidates based on their national origin. This includes guidance on policies or practices, such as documentation requests or appearance standards, that may disproportionately impact individuals from certain backgrounds.
✔ Compliance Alignment
We stay up to date on EEOC regulations and federal employment law to help our clients remain fully compliant. By emphasizing fair hiring practices and equal opportunity, we support organizations in creating respectful, inclusive, and high-performing workplaces.
Partner with Goodwin Recruiting to ensure your hiring practices are fair, inclusive, and fully compliant with national origin protections under EEO laws. Contact us today to learn how we can help you attract the best talent from every background.
