You should be measured at work by your qualifications, performance, and conduct. Your nationality should not determine whether you get hired, promoted, paid fairly, or treated with respect. Yet national origin discrimination can be a problem in many workplaces.
If you believe you are facing national origin discrimination in a California workplace, you do not have to simply endure it. California and federal laws provide important protections. And speaking with an experienced employment attorney early can help you understand whether the conduct you experienced may be illegal and what you can do about it.
At the Law Office of John Dalton, we have over 30 years of experience helping mistreated workers. We do not tolerate workplace injustice, and we are here to protect you.
What Laws Protect California Employees from National Origin Discrimination in the Workplace?
California employees have protections under both state and federal law.
California Law
California’s Fair Employment and Housing Act (FEHA) makes it unlawful for a covered employer to discriminate because of national origin or ancestry in:
- Hiring;
- Termination;
- Treatment;
- Compensation; or
- The terms, conditions, and privileges of employment.
The statute also prohibits harassment based on national origin and ancestry and forbids retaliation against employees who oppose discriminatory practices.
Federal Law
Federal law provides another layer of protection. Title VII of the Civil Rights Act of 1964 prohibits covered employers from engaging in discrimination based on national origin. National origin discrimination in the workplace may involve unfavorable treatment because someone:
- Comes from a particular country or region,
- Has a particular ethnicity or accent, or
- Appears to have a particular ethnic background.
Protection can also extend to discrimination based on an employee’s association with someone of a particular national origin.
While seeking protection under federal law is a viable option for many California employees, FEHA often provides more protections. California’s anti-discrimination law covers more employers than its federal counterpart, and employees have more time to file a complaint under FEHA.
National Origin Discrimination Examples
There is no single way that national origin bias appears at work. Each case is different and highly fact-specific, but examples of discrimination may include:
- Refusing to hire a qualified applicant because they come from a particular country;
- Paying an employee less because of their national origin;
- Denying promotions to employees from a particular ethnic background;
- Giving workers worse assignments because of their ancestry;
- Firing an employee because customers do not like dealing with someone from a particular national origin;
- Making persistent derogatory comments about an employee’s country, ethnicity, or accent;
- Treating an employee differently because they are married to or associated with someone of a particular national origin; or
- Creating hiring practices that favor applicants of one national origin over another.
An employer generally cannot justify national-origin discrimination by citing customer preferences, lower labor costs, or stereotypes that workers of one national origin have a better work ethic.
Whether your experience fits into one of the above-listed examples of national origin discrimination or not, remember that context matters. The Law Office of John Dalton can help you determine your rights by examining:
- What happened before and after an employment decision,
- How similarly situated workers were treated,
- What supervisors or coworkers said, and
- Whether the employer’s explanation matches the evidence.
Please speak to us as soon as you suspect bias. Having experienced attorney help from the beginning can be vital to maintaining a successful case and avoiding serious setbacks.
How Do You Prove National Origin Discrimination in California?
Employers are rarely willing to admit bias after being put on the spot. So, you may have to identify bias from documents and testimony that reveal:
- Offhanded comments about national origin or characteristics associated with a nationality;
- Disparate treatment of employees of a particular national origin compared to others; or
- Offensive statements or gestures regarding a nation’s culture, history, flag, or people.
This evidence can include:
- Correspondence,
- Complaints,
- Photos,
- Personnel records,
- Pay stubs,
- Performance reviews,
- Employment agreements,
- Witness testimony,
- Disciplinary records, and
- Employer policies.
Direct evidence can be powerful, but circumstantial evidence can also matter. Evidence showing that you had strong qualifications, combined with derogatory remarks about your ancestry or evidence that employees outside your protected group consistently received better opportunities, could become relevant.
It is therefore important to preserve evidence carefully. And do not assume you need to have every piece of proof before contacting an attorney. John Dalton can help identify what information matters and how it can be legally obtained.
What Legal Action Can You Take in California?
If you believe you have experienced discrimination based on national origin, several avenues for justice may be available. You may:
- Report the problem internally, depending on the circumstances,
- Settle with your employer,
- Pursue an administrative complaint, or
- File a lawsuit in civil court.
The California Civil Rights Department (CRD) accepts complaints of discrimination, harassment, and retaliation.
The CRD may:
- Investigate an accepted complaint,
- Review evidence,
- Attempt to resolve the dispute, or
- Take legal action.
You have three years from the date you were last harmed to file your complaint.
A worker who wants to pursue an employment discrimination lawsuit under California law must first secure a right-to-sue notice from the CRD. And your lawsuit generally must be filed within one year after the right-to-sue notice. The Law Office of John Dalton can evaluate which laws apply to your case, which legal process makes sense, and what deadlines govern your situation. However, we highly recommend you contact us before filing a complaint with the CRD.
Talk to Our California Employment Attorney As Soon As Possible
The Law Office of John Dalton is a top-rated firm that focuses exclusively on employment-related legal matters in California and represents employees, not employers. John Dalton is a former CIA officer who has recovered over $100 million for his clients.
If you notice national origin discrimination in a California workplace, speak with John Dalton right away. He is here to hear what happened, evaluate the evidence, and identify the best strategy for securing justice.
Your background should never make you a second-class employee. Please call the Law Office of John Dalton or contact us online today to talk about what happened.
Frequently Asked Questions
What Is National Origin Discrimination Under California Law?
California law prohibits covered employers from discriminating against workers based on national origin or ancestry in hiring, firing, compensation, and other terms, conditions, or privileges of employment. California law also prohibits harassment based on national origin or ancestry.
Can Discrimination Based on Accent, Language, or Ancestry Be Illegal in California?
In many cases, yes.
What Are Examples of National Origin Discrimination at Work?
Examples may include refusing to hire someone because of their country of origin, paying workers differently because of national origin, denying promotions because of ethnicity or ancestry, or subjecting an employee to sufficiently serious or frequent derogatory comments about their national origin or accent.
How Do I Prove National Origin Discrimination in a California Workplace?
Evidence can include discriminatory statements; emails and other documents; witness testimony; comparisons with similarly situated employees; patterns of employment decisions; and, where appropriate, statistical evidence. The strength of any evidence depends on the circumstances.
Can I Sue My Employer for National Origin Discrimination in California?
Potentially. Before proceeding with an employment discrimination lawsuit under California law, you generally must file a complaint and obtain a right-to-sue notice from the CRD. However, we highly recommend you contact us before filing a complaint with the CRD.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Unlawful discrimination, Cal. Gov. Code § 12940 (2024).
- U.S. Equal Employment Opportunity Commission, National Origin Discrimination.
- Harassment, Judicial Council of California, Civil Jury Instruction (CACI) No. 2021A (p. 1586) (2026).
- U.S. Equal Employment Opportunity Commission, Management Directive, Chapter 6: Development of Impartial and Appropriate Factual Records.
- California Civil Rights Department, Complaint Process.
- California Civil Rights Department, Obtain a Right to Sue.