No, your coworkers are not allowed to make jokes about you because of your country of origin. However, in order to be actionable, the jokes must be frequent and severe – simple teasing on occasion is not illegal. By law, it’s illegal for an employer or another person in the workplace to harass or to take any negative actions against an employee because of that person’s national origin. National origin generally includes a person’s cultural characteristics, language characteristics, birthplace, or ancestry.
If you believe that you have been discriminated against at work because of your national origin, you can file a complaint with a state or federal agency or sue for discrimination. There are federal laws that make national origin discrimination illegal, including the Civil Rights Act of 1866, Title VII of the Civil Rights Act of 1965, and the Immigration Reform and Control Act of 1986. In California, the Fair Employment and Housing Act makes national origin discrimination in the workplace illegal.
Those laws make it illegal for employers to make decisions about hiring and firing, promotions, raises, benefits, or other terms and conditions of employment based on national origin. The laws also make harassment based on national origin illegal. Harassment can include offensive jokes or ethnic slurs. However, the harassment must be so frequent or severe that it affects the working environment. Also, the harassment can be done by anyone, including an employer, a supervisor, a co-worker, or even a customer.
If you believe that you have been discriminated against in the workplace in Los Angeles based on your national origin, call me, Conal Doyle, Los Angeles national origin discrimination attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.