National Origin Discrimination

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Statute and Case Law Relationship Paper

Florida and Federal Discrimination laws were put in place to prevent discrimination based on race, religion, sex, national origin, physical disability, and age by employers. Discrimination includes bias in hiring, promotion, termination, job assignment, compensation, and various types of harassment in the state of Florida. It is unlawful for supervisors or managers in the workplace to make employment related decisions based on stereotypical assumptions about individuals of a particular national origin, race and/or color or for any employee to engage in bias motivated conduct that creates a hostile work environment for anyone. All this can be found in Chapter 760 of the Florida Statue and Title VII of the Civil Rights Act of 1964.

The United States of America is known for being a nation of immigrants, but history shows that at one point our Nation officially practiced national origin discrimination in the form of legislation such as the Chinese Exclusion Act of 1881, and immigration quotas enacted in the 1920's where employers adopted policies discouraging applicants based on their country of origin. One of the justifications for these legislations was that some cultures were not capable to adapt into a predominately white, northern European society. At times when jobs were scarce, national origin discrimination was based on the protection of jobs for native born Americans.
After much search I was able to locate a discrimination employment suit based on national origin and race filled by the EEOC's suit, Case # 8:02-CV-1769-T-30 MAP, filed in U.S. District Court for the Middle District of Florida, alleging that a naturalized American citizen of Palestinian descent was singled out and discharged within days of the 9/11 attacks for no other reason than his national origin. The suit was against Chromalloy Castings Tampa Corporation, a manufacturer of precision investment castings for the aerospace industry. The EEOC's Miami District Office was heavily involve in this case and stated that “For any employee to lose a job on the sole basis of his or her national origin in unacceptable” and this suit is one of the first filed by the agency nationwide after 9/11 alleging that an employee was unlawfully discriminated against as a direct result of the September 11th attacks on the United States. The EEOC reports that since 9/...

... middle of paper ...

...yer reacts and investigates initial complains. The EEOC has reported an increase in such cases post 9/11 but they have made a firm commitment to figth companies whose actions are not within status and laws placed to protect possible discrimination cases.
Title VII of the Civil Rights Act prohibits employment discrimination based on race, colour, religion, sex and national origin. The Civil Rights Act of 1991 amended several sections of Title VII. Section 703 (a)(1) of Title VII provides that it shall be an unlawful employment practice for an employer :
"to fail to hire or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to ... terms, conditions, or privileges of employment, because of such individual’s race, religion, color, national origin or sex ."
Civil Rights Act of 1964

References:

http://www.eeoc.gov/press/9-30-02-e.html http://www.flmd.uscourts.gov/ http://www.ago.state.ma.us/sp.cfm?pageid=1950 http://www.law.stetson.edu/courses/empdis/partIII.htm http://www.sgglaw.com/employmentdiscrimination.html http://fchr.state.fl.us/complaint.htm http://www.mobar.org/journal/2004/julaug/cavanaugh.htm

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