Articles Posted in National Origin (Title VII)

Title VII prohibits discrimination in employment based on certain protected characteristics, such as race, religion, and national origin.  On the broadest level, this means that an employer cannot refuse to hire an applicant based solely on his or her national origin.  The EEOC has seen a steady rise in national-origin claims since September 11.  A recent decision from the Court of Appeals for the Eleventh Circuit is an unusual example of a Title VII claim. image

Anesh Gupta, an Asian male, was a college intern working at the Epcot Center in Disney World.  As part of his internship, Gupta became a server during the breakfast shift at the Norwegian restaurant.  When he was hired, breakfast was considered an “American” meal.  Later, the schedule was changed and the Norwegian breakfast was served all day.  Gupta was terminated for being “culturally unauthentic.”

Some employees, including servers at the Norway Pavilion were required to be “cultural representatives,” interacting with guests and explaining the country’s history, culture, and traditions.  The employees’ were required to speak the language and possess an adequate command of English in order to communicate with visitors to the theme park.  

From the U.S. Department of Justice (DOJ), comes a new published Guidance relating to the use of E-Verify.  The recent, though short-lived excitement over the use of E-Verify for employment verification has now quieted down. Private-sector employees are back to the voluntary use of the system as a method for confirming that newly hired employees are authorized to work in the country.   DOJ

One of the concerns that was raised with the E-Verify program was its potential effect on discrimination in the workplace.  If, as a result of using E-Verify, an employer receives a no-match letter or a “tentative” no-match letter, he cannot terminate the employee without first trying to resolve the mismatch.  Failure to work with the employee to determine the cause of the mismatch could result in a claim for national-origin discrimination.

Anticipating the likelihood that employers would not want to engage in the additional steps of “working with the employee,” the DOJ issued guidelines outlining the step that an employer must take upon receiving information about a potential mismatch.  (See Antidiscrimination Guidance Concerning the DHS No-Match Rule).

A trip to the Tri-State area is not complete without trying a cheesesteak. While a great cheesesteak can be found at dozens of places in Delaware, South Philadelphia is, and always will be, the place to go for those needing a fix of this world-famous culinary delight.

One of the most popular eateries has been involved in a sizzling hot dispute over whether it could require its customers to order in English. Geno’s Steaks received national attention when it put up a sign reading,

“This is America. When ordering please speak English.”

Contact Information