While many federal labor laws were initially adopted in order to prevent discrimination against minorities and women, these laws also work to prevent “reverse discrimination.” Thus, although Title VII was initially thought to be limited to Black people and other racial minorities the law actually protects individuals of all races and colors, not simply racial minorities. Reverse discrimination cases can be somewhat more difficult to prove than a case brought by a racial minority, but the rule is the same–you may not be discriminated against based on the color of your skin, whatever color you may be.
Similarly, national origin discrimination means treating someone less favorably because he or she is 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. Discrimination violating Title VII occurs when employers take race or national origin into consideration in any employment decisions – whether hiring, firing or promoting.
If you have questions about race discrimination or any other form of employment discrimination, it’s a good idea to consult with an experienced Atlanta discrimination lawyer.
In a recent reverse race and national origin discrimination case, Koehler v. Infosys Tech., Ltd., an experienced American woman applied for a position with an Indian information technology company – Infosys — located in the United States. According to her complaint, she was passed over for a job with the company in favor of an applicant of Bangladeshi descent. The complaint further asserted that this was not an “isolated event,” but that the company engaged in a systemic pattern and practice of discriminating against individuals who are not of South Asian descent in hiring,” in violation of Title VII of the 1964 Civil Rights Act.
The facts supporting the complaint include allegations that of the company’s 130,000 employees, less than 1% are of American descent. Further, of Infosys’s employees located in its US offices, the workforce is predominantly South Asian. 90 percent of U.S. Infosys employees are foreign nationals, the majority of whom are from India. The complaint added that the statistics show a “concerted effort” to employ South Asians over individuals of other national origins.
While this lawsuit is still pending, it highlights the fact that all employers need to take care to evaluate all potential employees on the basis of their merits and skills. Where race, national origin or gender plays a role in the hiring decision, it may be a form of employment discrimination in violation of Title VII.
For more information or if you believe you may have suffered some form of employment discrimination, please contact the top Georgia national origin discrimination attorneys at Buckley Bala Wilson Mew LLP for an immediate case evaluation.