The EEOC is supplanting a 14-year-old section in its compliance manual with a brand new set of enforcement guidance covering national origin discrimination.
Of course, employers already know they can't discriminate against individuals on the basis of their national origin. But
this new guidance adds in a few wrinkles about what's considered discrimina
tory - and how to stay in compliance - that employers may not have ever considered otherwise. Here is some of the new ground the guidance covers:
Discrimination based on "perceived" national origin is illegal.
The EEOC makes it clear that it's illegal to refuse to hire someone of a darker completion because you think he or she is from the Middle East, whether the person is or not. It's also illegal to refuse to hire the person because you perceive that he or she follows certain religious practices, whether the person actually does or not.
Beware of word-of-mouth recruiting.
Advertising or sendi
ng job offers only to members of certain ethnically or racially homogeneous areas or audiences could be discriminatory - if the purpose is to exclude a protected group from applying.
You could be jointly liable with staffing firms for discrimination.
If a staffing agency that you use discriminates against workers, and you suspect it's happening, you could be held liable right along with the staffing agency for its discriminatory practices.
Discrimination by customers could be discrimination by you.
An employment decision made based on the discriminatory preferences of customers, clients or employees is discrimination on the employer's part.
Segregation is discrimination.
Separating employees by a protected characteristic - e.g. by making employees of one ethic group work in the back room while other employees are free to deal with customers - is discriminatory.
Watch Social Security screening.
The EEOC said screening out new hires or job candidates because they lack a Social Security number, but are otherwise "work-authorized," may be illegal if it disproportionately impacts individuals of a certain ethnicity or national origin. According to both the U.S. Citizenship and Immigration Services and the Social Security Administration, newly hired employees should be allowed to work if they have applied for but not yet received a Social Security number.
English fluency requirements are OK.
But any language requirements must be driven by business necessity.
All employees/applicants are covered.
Title VII protects individuals regardless of their immigration status.
Foreign operations are covered, too.
American employers that operate internationally must comply with Title VII - unless doing so would violate the laws of the nation in which they're operating.
