National Origin Discrimination

Where you or your family come from has nothing to do with how well you do your job. California law prohibits discrimination based on national origin, ancestry, language and accent, and limits English-only rules at work.

On this page: What is protected · Examples · English-only rules · Retaliation · What to do · FAQ

Smith Trial Group represents employees across Southern California in national origin discrimination, harassment and retaliation cases. Our employment results include a $500,000 settlement in a wrongful termination and discrimination case. Consultations are free and confidential.

What the Law Protects

The Fair Employment and Housing Act prohibits employers with five or more employees from discriminating based on national origin and ancestry. Under California regulations, national origin protection is broad. It includes an employee’s or applicant’s:

• Actual or perceived country of origin, or that of their ancestors
• Ethnic group, culture and physical characteristics associated with a national origin
• Language, accent and English proficiency
• Marriage to or association with people of a particular national origin

California also protects employees from discrimination based on immigration status in most circumstances, and makes it illegal for an employer to use immigration-related threats to retaliate against workers who assert their rights.

Examples of National Origin Discrimination

• Refusing to hire, promote or keep someone because of where they or their family are from
• Rejecting a qualified employee because of an accent that does not interfere with job performance
• Slurs, jokes or comments about an employee’s ethnicity, culture or country that create a hostile work environment
• Enforcing policies only against employees of a particular background
• Threatening to report an employee to immigration authorities after a wage complaint

English-Only Rules

California strictly limits English-only policies. An employer may not prohibit employees from speaking their own language at work unless the restriction is justified by business necessity, is narrowly tailored, and employees were notified of when English is required and the consequences for violating the rule. A blanket ban on speaking other languages during breaks or lunch is generally unlawful.

Accent and Language Discrimination

An employer can only make employment decisions based on an accent if the accent materially interferes with the employee’s ability to perform the job. Likewise, English-proficiency requirements must be justified by the actual duties of the position.

Retaliation and Immigration Threats

It is illegal to retaliate against an employee for complaining about discrimination or for asserting rights such as wage and overtime claims. California law specifically prohibits unfair immigration-related practices, such as threatening to report a worker’s status or demanding new documents, when they are used to punish an employee for exercising workplace rights. See retaliation.

What to Do

• Write down discriminatory comments with dates, the speaker and any witnesses.
• Keep copies of any written English-only or language policies and how they were enforced.
• Report discrimination through your employer’s process if it is safe to do so.
• Watch the deadline: most FEHA claims must be filed with the Civil Rights Department within three years. See our deadline guide.

Related: workplace discrimination, race discrimination, religious discrimination and wrongful termination.

Helpful resources: California Civil Rights Department · EEOC: National Origin Discrimination

Frequently Asked Questions

Can my employer require me to speak only English at work?

Only in limited situations. California allows English-only rules when justified by business necessity and properly communicated to employees. Broad bans, especially during breaks, are generally illegal.

Is it discrimination to be fired because of my accent?

It can be. An employer can only rely on an accent if it materially interferes with your ability to do the job.

Am I protected if I am undocumented?

California law protects workers regardless of immigration status in most respects, including the right to be paid for work performed and protection from retaliation. Immigration-related threats used to retaliate against workers are illegal.

Is national origin the same as race discrimination?

They overlap but are different. National origin relates to where you or your ancestors come from, your culture and your language. Many cases involve both.

Related guides: How long do I have to sue my employer? · Signs of workplace retaliation