What constitutes unlawful discrimination based on national origin?

Unlawful discrimination based on national origin occurs when an individual is treated unfavorably due to their heritage, ethnicity, culture, or national origin. This can manifest in various ways, such as hiring practices, promotions, job assignments, and workplace conditions.

Choosing an applicant based on their cultural background or heritage is considered a discriminatory practice under employment law. It violates principles intended to foster equality and discourage bias in the workplace. When policies or behaviors negatively impact people because of attributes associated with their national origin, such actions are deemed illegal and actionable under laws that protect against discrimination, such as Title VII of the Civil Rights Act of 1964.

In contrast, favoritism toward local applicants, while potentially leading to unfavorable outcomes, does not specifically target individuals based on their national origin unless it systematically excludes those from other backgrounds. Similarly, rejecting applicants due to lack of experience or employing only citizens can have legitimate non-discriminatory justifications and, therefore, does not inherently constitute unlawful discrimination based on national origin without additional context.