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Job Discrimination Against Immigrants

Posted on in Employment

employment discrimination, San Jose workplace discrimination attorneys, immigrant job discrimination, Workplace Discrimination, national origin discriminationThe current political climate and recent changes in government policies have taken a heavy toll on the immigrant population. In addition to the fear of being targeted for hate crimes and abuse, they also face a greater likelihood for employment discrimination. While local leaders and community members have taken a stronger stance in general to provide support for people from other countries and to protect them in our community, the fact is there are still those who hold strong opinions on nationalism and reflect those in their business practices. The following highlights important information about the immigrant population in our area and the hurdles they can face in the job market.

San Jose is Home to a Diverse Population

According to the National Immigration Forum, San Jose is home to a diverse population of individuals and extended family members, of whom more than 35 percent are immigrants from other countries. The largest percentage of foreign born residents in our area come from places throughout Asia and Latin American, as well as from African nations, such as Ethiopia.

More than 40 percent of our labor force is made up of foreign born workers, and nearly half of all tech startups in Silicon Valley were founded by immigrants from Taiwan, India, and China.

Despite these large numbers and California’s overall progressive stance on immigration policies, the fact is that cases involving job discrimination against immigrants continue to occur.

Job Discrimination Against Immigrants

Job discrimination against the immigrant population jeopardizes overall safety, robs them of opportunities, and prevents them from being able to adequately provide for their children and other family members. In addition to state laws that are in place to prevent job discrimination, the Houston Chronicle outlines some of the specific federal laws which are designed to protect the rights and freedoms of immigrants in the workplace:

  • National Origin Discrimination: The Civil Rights Act of 1964 prohibits employers from discriminating against job candidates or current employees based on their race, ethnicity, or national origin.

  • Citizenship and Legal Status: The Immigration Reform and Control Act of 1986 prevents employers from holding an immigrants green card status against them, or for using it as the basis from hiring, promotions, or firing decisions.

  • Freedom of Religion: Religious practices are also protected under federal law, and prevents your employer from discrimination against you or making employment decisions based on your religious practices, attendance at services, or due to religious apparel you wear.

  • Language Issues: While employers may be entitled to initiate English only policies, these only apply to specific portions of the work day. Your employer cannot punish or discriminate against you for speaking your native language on breaks or with customers and clients who prefer to converse in your native tongue.

Contact Us Today for Help

Whenever discrimination occurs in the workplace, Jachimowicz Law Group is here to defend your rights. Contact our office online today to request a consultation to see how our dedicated San Jose workplace discrimination attorneys can assist you.









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