What Is Title VII Of The Civil Rights Act?
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion.
In regards to hiring practices, discriminatory standards cannot be used in recruitment advertising, interviewing, or choosing who to hire based on any characteristic protected by this section.
Discrimination can also be based on one’s own home life. For example, expectant mothers, parents with young children, or people who provide care at home for a sick spouse or aging parent cannot be discriminated against in the workplace. This type of discrimination is also called family responsibility discrimination, and it can be the basis for harassment, being passed over for a promotion, demoted, terminated, or not being hired at all.
An employer cannot discriminate based on a person’s personal home life and caregiving responsibilities. An example of this type of discrimination in the workplace would be when an employer discriminates against a lactating mother by denying breaks and private spaces to pump breast milk.
Why Is Title VII Important?
This law is considered to be one of the most powerful civil rights laws that are in place today because it provides protection for more classes than any other federal law. Title VII helps people gain employment or keep the job they already have.
In addition, the Civil Rights Act also created the Equal Employment Opportunity Commission or EEOC to help with the administration and enforcement of anti-discrimination laws in the workplace. The EEOC is the vehicle that allows employees to file complaints of discrimination against an employer. The EEOC will then investigate the complaint and determine whether there is a basis for action against an employer.
What Is Nationality Discrimination?
Nationality discrimination in the United States is defined as the unequal or negative treatment of individuals on the basis of their place of birth or country of origin.
It is unfair to discriminate against people based on where they are from or what their ethnic background may be. It can include things like treating employees unfavorably because they come from a certain country or speak with an accent.
Nationality discrimination is similar to race and ethnic discrimination because it discriminates against a certain group of people who share some common traits with foreign-born people, even though a person was born in the US.
Those hurt most by these types of discriminatory practices are non-native workers who are denied jobs or earnings, forced into lower-paid positions, passed over for promotions, or required to meet different standards than US-born applicants.
What’s The Difference Between Race And National Origin?
The federal Equal Employment Opportunity Commission defines race as a person’s “biological, ethnic, cultural, or linguistic characteristics.” National origin means whether a person was born in another country or has parents who were born in another country.
It is important to note that, under Title VII of the Civil Rights Act, employers are legally prohibited from discriminating against employees on the basis of their national origin.
Under certain circumstances, employees may also file discrimination complaints based on an employer’s treatment of workers who resemble people of foreign countries because they are “perceived” as sharing protected characteristics like race.
Can Employment Issues Affect Immigration Issues?
Yes, employment issues and immigration issues can interact. Examples of employment issues that can be related to someone’s immigration status can include workplace discrimination and immigration discrimination.
Workplace discrimination means the worker faces unfair or prejudicial treatment because of their protected status, immigration status, or national origin. A worker may also face origin discrimination, or unfair treatment based on the fact that they are from a specific country, they appear to be from a certain ethnic background, or they have a certain ethnicity or accent.
Discrimination that is based on someone’s citizenship status or immigration status happens when they are unfairly treated, as it sounds by the title, based on their immigration or citizenship status. This can mean being treated differently because they are not a United States citizen or because of the type of visa they have used to enter the U.S.
One important immigration law that broadly applies to most immigration issues, including related employment issues, is the Immigration and Nationality Act (INA). There are numerous employment, immigration, and discrimination laws that apply to immigration and employment situations.
In addition, there are executive orders, policies, and laws that can be signed by presidents that may change, be updated, or even be reversed. Examples of executive orders that may apply to employment and immigration issues include:
- Executive Order Guaranteeing the States Protections Against Invasion
- No entry permitted at the southern border
- Entry permitted by The Department of Homeland Security (DHS) and the Secretary of State on a case-by-case basis
- Executive Order Protecting the Meaning and Value of American Citizenship
- This order is not currently in force due to a legal injunction
- Birthright citizenship, or the automatic granting of citizenship to a child born in the U.S., is terminated
- This may be referred to as anchor baby status
- One parent must be a citizen of the or a permanent resident
- Executive Order Protecting the American People Against Invasion
- Gives policies for enforcing illegal entry, enforcement of deportation or removal, and enforcement of unlawful presence
- Expands expedited removal
- Executive Order Realigning the United States Refugee Admissions Program (USRAP)
- Suspended pending further evaluation
- Limits how applicants can enter the U.S.
- Applications may be approved allowed on a case-by-case basis
These may be changed or revoked at any time. Due to the fact that a wide body of laws can apply to a case and these laws may be updated at any time, especially when presidential administrations change, it is very important to have assistance from a lawyer for help with any type of immigration and employment case, issue, or concern.
Is English Only In The Workplace Legal?
EEOC guidance on national origin discrimination says that employers should not treat individuals differently because of their accent or because they appear to be from a certain ethnic background. While an English-only rule in the workplace may seem neutral, it could actually disadvantage some employees and job applicants with limited English skills.
In addition, requiring employees to speak only English at work might disproportionately affect workers who have recently immigrated to this country from other countries where it is common practice to speak multiple languages in daily life.
Employers generally must try to accommodate the language needs of non-English speaking workers by permitting them to speak the language of their choice during breaks and other non-work times.
The general rule is an employer cannot penalize workers for using one or more languages in the workplace. However, if accommodating employees’ language needs would pose an undue hardship on the business, then, in some cases, an English-only rule could apply.
While employers are allowed to implement English-only rules in the workplace, they should be careful about how these policies are communicated and enforced and why.
The United States does not have an official language, as such, a statement that U.S. law requires speaking only English on the job is false. If an employer institutes such a rule, it should not be motivated solely because of a bias against people who do not speak English.
The EEOC encourages hiring people with diverse backgrounds and experiencing different cultures, races, ethnicities, and national origins. Employers should not prevent workers from maintaining the practices of their culture in the workplace or require that employees abandon cultural traditions or expressions just because they are at work.
The EEOC notes that Title VII permits an employer to adopt a rule prohibiting employees from wearing hats or other headdresses at work if it conflicts with a “particular dress requirement” for a specific job, such as a uniform that is worn by wait staff.
This exception does not apply when employers want to implement policies aimed at all types of headgear, even those that have religious meaning, such as turbans worn by Sikhs and kippahs worn by Jews. In these cases, an employer must show undue hardship if it cannot accommodate an employee’s religious wear.
What Can Happen if Someone Overstays a Temporary Work Visa?
If an individual is in the United States for employment, they may be in the country on a temporary work visa. If someone overstays a work visa, they can lose their legal status.
If this occurs, they may face an immediate voiding of their visa and deportation. Someone who overstays a temporary work visa can also be banned from future re-entry into the U.S. for anywhere from three to ten years. Additionally, someone who overstays their temporary visa may have issues getting a visa at all in the future.
Along with all of these issues, they may face being detained by Immigration and Customs Enforcement (ICE). The longer an individual stays unlawfully after their visa has expired, the harsher penalties they may face.
ICE is permitted to detain people who it suspects are illegal immigrants or who have broken immigration laws. Suspects may be held for 48 hours without a warrant, or longer in emergency circumstances.
Once 48 hours have passed, ICE must release the detainee or begin deportation procedures. When the individual who was detained is not able to be returned to their country of origin, they can be indefinitely detained. If this happens, they may make a writ of habeas corpus request to challenge their detainment in court.
Whenever someone interacts with ICE, they have certain rights which are similar to rights provided when interacting with other law enforcement. An individual has the right to state that they will remain silent if they are asked by ICE about their immigration status.
They are also allowed to not provide consent if ICE asks to conduct a search. Even though immigration processes are considered civil and not criminal, these rights are provided under case laws that hold they are provided under the Fourth and Fifth Amendments, including in narrow immigration contexts.
If ICE asks a detainee to sign or agree to any documents, it is essential for an individual to have a lawyer review them before they agree to the contents or sign the document. Those who are employed in the United States, who are in the U.S. on a temporary employment visa, and anyone who is involved with immigration should be informed of their rights, the consequences of overstaying a visa, and their rights when interacting with ICE.
Do I Need A Lawyer for Help With A Discrimination Case?
If you are considering legal action against an employer, it is always advisable to seek legal counsel from a discrimination attorney. While you do not need an attorney to file a complaint with the EEOC, it’s important that you understand your rights and the process involved.
If you have any immigration-related employment issues, including discrimination, having an attorney is very important. You can use the lawyer-client matching services provided by LegalMatch for free in as little as 15 minutes and get started finding the best attorney in your area for your needs.
During the submission process, you will be able to select any language needs or preferences you may have to make sure that you will be able to communicate effectively with your attorney throughout your case. Once you have completed your submission, you will get responses from prescreened and licensed employment attorneys near you in about one business day.
Each lawyer’s response will have information about their education and background, fee arrangements, and client reviews. You can get started today and find an attorney using LegalMatch.
