DISCRIMINATION BASED ON NATIONAL ORIGIN

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DISCRIMINATION BASED ON NATIONAL ORIGIN

• Ohio Department of Administrative Services
• Equal Opportunity Division

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FEDERAL LAWS AND REGULATIONS

• Title VII of the Civil Rights Act of 1964
  protects individuals from discrimination based on
  national origin.
• Title VII makes it illegal for an employer to
  discriminate against individuals because of their
  national origin in hiring, firing, and other
  terms and conditions of employment, such as
  promotions, raises , and other job opportunities.
• Title VII applies to employers with 15 or more
  employees, including state and local governments.
  It also applies to employment agencies and to
  labor organizations, as well as to the federal
  government.
• Source http//www.eeoc.gov/types/race.html
• U.S. Equal Employment Opportunity Commission

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STATE OF OHIO CODES

• The Administrative Rule 123 1-49 provides
  guidance and leadership to administer the state
  of Ohio Equal Employment Opportunity program and
  the internal discrimination complaint process.
• The Ohio Revised Code Section 4112 prohibits any
  act of unlawful discriminatory practice in
  employment.
• Source http//das.ohio.gov/Eod/AAEEOStatAuth.htm
  

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STATE OF OHIO GUBERNATORIAL EXECUTIVE ORDERS

• Gubernatorial Executive Order 99-25T Policy
  against Discrimination in State Employment
  prohibits employment discrimination against state
  of Ohio employees and classifications of persons
  that are not expressly protected by state or
  federal laws.
• Executive Order 99-04T Sexual Harassment
  Directive prohibits discrimination and harassment
  of applicants, customers, clients, and employees.
  
• Source http//das.ohio.gov/Eod/AAEEOStatAuth.htm

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FEDERAL EEOC DEFINITION OF NATIONAL ORIGIN
DISCRIMINATION

• National origin discrimination involves treating
  someone less favorably because he or she comes
  from a particular place, because of his or her
  ethnicity or accent, or because it is believed
  that he or she has a particular ethnic
  background.
• National origin discrimination also involves
  treating someone less favorably at work because
  of marriage or other association with someone of
  a particular nationality.
• Source http//www.eeoc.gov/origin/index.html
• U.S. Equal Employment Opportunity Commission

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EXCEPTIONS TO ALLEGED DISCRIMINATION

• When work-related requirements are considered a
  business necessity.
• Bona Fide Occupational Qualification (BFOQ) if
  gender, religion or national origin is a BFOQ to
  perform the normal functions of the position.
• Union based seniority systems that are not
  designed to discriminate.
• Source Human Resources Training Series HR
  Development and Training

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EXAMPLES OF NATIONAL ORIGIN DISCRIMINATION

• Unlawful Discharge Based On National Origin
• Ahmed, a Lebanese, was discharged from his
  position as a city bus driver. According to the
  employer, Ahmed was discharged because, while his
  performance was satisfactory, customers
  complained that they were wary of riding with an
  obviously Middle Eastern driver after the recent
  arrest of several suspected terrorists in the
  city. The employer has unlawfully discharged
  Ahmed based on his national origin.
• Source http//www.eeoc.gov/policy/docs/national-o
  rigin.htmlIII
• U.S. Equal Employment Opportunity Commission

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EXAMPLES OF NATIONAL ORIGIN DISCRIMINATION
(Continued)

• Offensive Conduct Based On National Origin That
  Does Not Violate Title VII
• Henry, a Romanian emigrant, was hired by XYZ
  Shipping as a dockworker. On his first day, Henry
  dropped a carton, prompting Bill, the foreman, to
  yell at him. Then, Henry overheard Bill telling a
  coworker that foreigners were stealing jobs from
  Americans. Two months later, Bill confronted
  Henry about an argument with a coworker, called
  him a "lazy jerk," and mocked his accent.
  Although Bill's conduct was offensive, it was not
  sufficiently severe or pervasive for the work
  environment to be reasonably considered
  sufficiently hostile or abusive to violate Title
  VII.
• Source http//www.eeoc.gov/policy/docs/national-o
  rigin.htmlIII
• U.S. Equal Employment Opportunity Commission

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EMPLOYEE RESPONSIBILITIES IN THE PREVENTION OF
DISCRIMINATION

• Employees should become familiar with their right
  to work in an environment free from employment
  discrimination.
• Employees should become acquainted with the
  agencys policy and procedures for filing a
  discrimination complaint.
• Employees who are harassed should take
  appropriate steps at an early stage to prevent
  the continuation of the objectionable conduct.
• Source EEOC Compliance Manual, Section 13 of
  the new Compliance Manual on National Origin
  Discrimination.

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AGENCY RESPONSIBILITIES IN THE PREVENTION OF
DISCRIMINATION

• Employers should establish anti-discrimination
  policies and complaint procedures covering all
  forms of unlawful discrimination.
• An employers discrimination complaint process
  should be clear and made available to all
  employees.

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EEOC STATISTICS ON NATIONAL ORIGIN DISCRIMINATION

• According to the federal EEOC, in Fiscal Year
  2004, the EEOC received 8,361 charges of national
  origin discrimination.
• The EEOC resolved 8,943 charges and monetary
  benefits for charging parties totaled 22.3
  million (not including monetary benefits obtained
  through litigation).

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EEOC SUPREME COURT DECISION BASED ON NATIONAL
ORIGIN

• EEOC vs. Hamilton Sundstrand (2005)
• The EEOC has settled a class-wide discrimination
  lawsuit against aerospace and industrial product
  manufacturer Hamilton Sundstrand charging that a
  class of Hispanic employees at the company's
  Grand Junction, Colorado, facility was harassed
  and subjected to a hostile work environment based
  on their national origin.
• The consent decree, a voluntary agreement between
  EEOC and Hamilton Sundstrand, provides for 1.25
  million to resolve the lawsuit on behalf of 12
  class members who were harmed by the alleged
  unlawful conduct.
• Source http//www.eeoc.gov/press/5-20-05.html
• U.S. Equal Employment Opportunity Commission

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EEOC SUPREME COURT DECISION BASED ON NATIONAL
ORIGIN (continued)

• In addition to the monetary relief, the consent
  decree requires Hamilton
• Sundstrand to
• Provide training on the requirements of federal
  anti-discrimination laws, with appropriate levels
  of information presented to non-supervisory
  employees, managers, and human resource
  employees.
• Appoint an EEO Coordinator to ensure compliance
  with the consent decree and oversee the company's
  investigation of employee complaints of
  discrimination, including retaliation complaints
  made by employees after reporting possible
  violations of anti- discrimination laws.
• Review and revise policies and procedures to
  ensure compliance with federal anti-discrimination
  laws, establish and maintain an effective
  complaint procedure.
• Source http//www.eeoc.gov/press/5-20-05.htmlU.S
  .
• Equal Employment Opportunity Commission

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INTERNAL AND EXTERNAL RESOURCES FOR FILING
COMPLAINTS

• If you believe you may have been subject to
  discrimination, you may file your allegation with
  one or all of the following enforcement
  agencies
• DAS/ Equal Opportunity Division The claim must
  be filed within 30 days of the alleged
  discriminatory incident. www.ohio.gov/das/eod.
• Ohio Civil Rights Commission The claim must be
  files within 180 days of the alleged
  discriminatory incident. www.ohio.gov/crc.
• U.S. Equal Employment Opportunity Commission The
  claim must be filed within 300 days of the
  alleged discriminatory incident. www.eeoc.gov

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STATE AGENCY RESOURCES

• For more information, you may contact your
  respective agency
• EEO Officer.
• http//das.ohio.gov/Eod/AAEEOEnfOff.htm

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THANK YOU FOR YOUR ATTENTION!
The Ohio Department of Administrative
Services, Equal Opportunity DivisionFor more
information, you may contactour office by
phone[phone]or http//das.ohio.gov/eod/