Wisconsin Employers May Not Discriminate on the Basis of National Origin Wisconin Employers May Not Discriminate Based on National Origin, Ethnicity or Accent
Under both Wisconsin and Federal law, it is illegal to treat a job applicant or employee differently because of their country of origin, their ethnicity, or even their accent. This also extends to spouses and outside associations. For example, it is illegal to treat an employee differently because their husband or wife is of a particular national origin, or because they are part of a social group or religious body that is largely defined by national origin. Employers Must Protect Employees from Co-Worker & Customer Harassment
As in other cases of illegal discrimination, employer managers are responsible not only for treating their employees fairly in hiring, promotion, and disciplinary decisions, but also for addressing and preventing instances of discrimination by rank-and-file coworkers or even customers. Management cannot permit national origin discrimination such as harassment, name-calling, mockery, and so forth. Doing so makes the employer liable for the discrimination even if the managers themselves do not take part. National Origin Discrimination Can Be Subtle
Sometimes, national origin discrimination is very obvious, such as simply refusing to hire individuals because of the country they come from. Other times, it can be more subtle, such as requiring individuals of a particular national origin to work less desirable shifts and positions, or blocking them from certain roles because of supposed customer preference. Language
As for language, and so-called ‘English only’ policies in the workplace, employers may only make decisions along linguistic lines if they can prove it is necessary for conducting business. And in those cases, the employer must make the policy clearly known, including the consequences of violating the rule. A negative employment decision such as being ‘written up,’ suspended, or ultimately fired for supposedly violating an English only policy may be illegal national origin discrimination if the employer did not make the policy clear ahead of time. Retaliation
State and Federal law also prohibit employers from firing, demoting, harassing, or otherwise retaliating against employees who complain about national origin discrimination. For instance, if an employee reports harassment based on national origin to management – either towards them in particular, or towards coworkers – and are treated differently as a result, that is likely prohibited national origin discrimination. Even if the underlying harassment is not ultimately proved to be motivated by national origin, as long as the reporting employee sincerely believed that was the cause, they are protected from retaliation. Often times, national origin cases center on issues involving Spanish-speaking employees from Mexico or other parts of the Americas. But the laws prohibit any sort of national origin discrimination and related retaliation. We Help Workers Fight National Origin Discrimination
With decades of experience in both State and Federal courts, the attorneys at Hawks Quindel are well suited to evaluate any and all potential national origin discrimination claims, and to aggressively represent individuals who have suffered from this unlawful treatment. Contact us if you would like to discuss your situation or legal rights with a Wisconsin employment attorney.
Please call a Madison employment discrimination attorney directly at (608) 257-0040 or a Milwaukee employment discrimination attorney at (414) 271-8650, or email us via our Contact Page.