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 blacks 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 The Buckley Law Firm, LLC for an immediate consultation.