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Employment Law (Mgmt 445)

Employment Law (Mgmt 445). National Origin Discrimination (Chapter 7) Professor Charles H. Smith Spring 2012. Introduction. National origin discrimination pertains to discrimination based on the place of origin of an individual or his or her ancestor(s).

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Employment Law (Mgmt 445)

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  1. Employment Law (Mgmt 445) National Origin Discrimination (Chapter 7) Professor Charles H. Smith Spring 2012

  2. Introduction • National origin discrimination pertains to discrimination based on the place of origin of an individual or his or her ancestor(s). • National origin discrimination might – but often does not – pertain to the individual’s citizenship or race • Yes – race is closely associated with national origin such as in the case of a racially homogeneous country. • No – person can be of a certain race but not necessarily from the country associated with that race; person may be citizen of country other than his or her national origin. • Case studies – Chapter-End Questions 1b, 1c, 1d, 2 and 10.

  3. National Origin Issues • “English-only” rule in the workplace. • Employee who is difficult to understand due to “foreign accent.” • “Citizen-only” hiring policy. • Discrimination against someone from the “Middle East” (correct or incorrect characterization).

  4. “English-Only” Rule in the Workplace • Is an “English-only” rule legal? • Generally, the answer to this question is “yes” but a disparate impact argument could be made on the grounds of national origin discrimination. • Case studies – Garcia v. Spun Steak Co. (pages 327-29); Chapter-End Questions 4 and 11. • Practical aspect – could an English-only rule be a business necessity; if so, under what circumstances?

  5. Employee With Accent • It can be frustrating to not be able to understand someone due to that person’s accent. • Could the ability to be understood while speaking be a BFOQ; if so, under what circumstances? • Case studies – Opening Scenario 1 (page 300); In re Rodriguez (page 305).

  6. “Citizen-Only” Hiring Policy • The law is that an employee must be eligible to work in the United States which would seem to go against citizen-only hiring policy. • See Exhibit 7.3 and 7.4 for eligibility verification. • However, citizen-only hiring policy does not support national origin discrimination case; case study – Espinoza v. Farah Manufacturing Co. (pages 333-34).

  7. “Middle-Eastern” Discrimination • This is a timely and interesting topic • Timely due to renewed prejudice against people from the Middle East due to fears and hate stemming from 9/11 which was perpetrated by some claiming Muslim faith and most from Saudi Arabia; case study – Opening Scenario 2 (page 300). • Interesting because some people are incorrectly perceived to be from the Middle East but can still win due to this incorrect perception; case study – EEOC v. WC&M Enterprises, Inc. (pages 332-33).

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