National Origin Discrimination in NYC: How Immigration Status Affects Workplace Rights

National origin discrimination can affect workers in many different industries in New York City, and it often raises questions about how immigration status interacts with workplace rights. Employees may face unfair treatment because of their accent, cultural background, or perceived immigration status, even when these factors have nothing to do with job performance. New York City law offers strong protections in these situations, whether work occurs in person, remote, or hybrid environments.

What Is National Origin Discrimination in NYC?

National origin discrimination occurs when an employer makes decisions based on a worker’s real or perceived country of origin, ethnicity, accent, cultural background, or linguistic traits. It can also involve bias against someone because they associate with people from a particular region or community.

Examples include:

• Rejecting or firing someone because of their accent or name
• Asking only certain employees about their immigration status
• Making offensive comments about a worker’s background or culture
• Limiting assignments or client interactions based on nationality
• Promoting workers from one group while excluding others

The New York City Human Rights Law (NYCHRL) provides some of the strongest protections in the country. Employees only need to show that they were treated less well because of national origin. They do not need to prove that the behavior was severe or pervasive.

How Immigration Status Connects to National Origin Discrimination

Although national origin discrimination and immigration status are different legal concepts, they often intersect. Many employers make assumptions about workers based on where they were born or whether they have an accent. These assumptions may lead to unequal treatment, intrusive questions, or retaliation.

Here are situations where the two issues frequently overlap:

1. Targeted Verification or Documentation Requests

Employers may verify work authorization, but they must do it consistently. Asking only certain employees for additional proof of work eligibility can be unlawful if it is based on nationality or perceived citizenship.

2. Unequal Treatment Based on Immigration Assumptions

An employer cannot assume that someone is undocumented simply because they speak another language, were born outside the United States, or wear cultural attire.

3. Harassment Related to Origin or Status

Comments about visas, citizenship, accents, or stereotypes can constitute national origin harassment. NYC law prohibits any behavior that creates a hostile work environment because of a worker’s background.

4. Employment Actions Tied to Status

Even when immigration status is relevant to work authorization, employers cannot use it as a reason to pay someone less, deny promotions, or exclude them from opportunities unless federal law specifically requires it.

In NYC, workers have broad protections regardless of their immigration status. This includes the right to file complaints and recover damages.

What Rights Do Immigrant Workers Have in NYC?

New York City has strong labor protections for immigrant workers. Under the NYCHRL and state law:

• Workers are protected from discrimination regardless of immigration status.
• Employers cannot threaten to report an employee to immigration authorities as retaliation.
• Pay, scheduling, and promotion decisions must be based on legitimate business reasons, not a person’s origin or documentation.
• Undocumented workers have the right to pursue wage claims, discrimination complaints, and harassment cases.

In many situations, immigration status is not relevant to the legal protections available. The law focuses on whether the employer’s conduct was discriminatory, not the worker’s documentation.

How to Identify National Origin Discrimination at Work

Employees should pay attention to signs such as:

• Being excluded from meetings or customer-facing roles because of their accent
• Supervisors making comments about where they were born or how they speak
• Different rules or performance expectations for workers from certain backgrounds
• Grouping people by nationality when assigning shifts or roles
• Retaliation after raising concerns about bias

If you notice these patterns, document incidents and seek legal advice as soon as possible.

What to Do If You Experience National Origin Discrimination

1. Document what happened. Keep notes on dates, comments, witnesses, and actions that show unequal treatment.

2. Review your employer’s policies. Many companies require internal reports through HR or compliance channels.

3. Consider filing a complaint. You may file with the NYC Commission on Human Rights, the New York State Division of Human Rights, or the EEOC.

4. Speak with an employment attorney. A lawyer can help determine whether national origin discrimination occurred and guide you through the process.

At Lipsky Lowe, we represent workers across NYC who have been treated unfairly because of their background or perceived immigration status. Our team helps employees understand their rights, build strong cases, and pursue compensation for lost wages and emotional harm.

Talk to a New York City National Origin Discrimination Attorney

No one should be judged or mistreated because of their origin, culture, or accent. If you believe national origin discrimination affected your job or advancement opportunities in New York City, contact Lipsky Lowe for a confidential consultation. We can help you understand your rights and pursue the justice you deserve.