Articles Posted in National Origin Discrimination

Lev Craig

On September 6, 2017, a coalition of 16 states filed suit against the federal government in response to the Trump administration’s pronouncement that it would revoke the Deferred Action for Childhood Arrivals (DACA) program established by President Obama. The lawsuit, led by New York State Attorney General Eric Schneiderman and filed in the U.S. District Court for the Eastern District of New York, alleges that rescinding DACA unlawfully discriminates against individuals of Mexican national origin, violates the due process rights of DACA grantees, and negatively impacts states’ residents and economies.

DACA was established by the Obama administration in June 2012 via an executive branch memorandum issued by Janet Napolitano, the then–Secretary of Homeland Security. The policy allowed undocumented immigrants who had arrived in the U.S. before the age of 16 and met certain eligibility conditions to apply to U.S. Citizenship and Immigration Services (USCIS) for work permits and protection from deportation for two years. Immigrants requesting DACA were required to have lived continuously in the U.S. since 2010 and to be currently in school, have a high school diploma or GED, or be an honorably discharged U.S. military veteran. In addition, individuals who had been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, or who USCIS determined would “otherwise pose a threat to national security or public safety,” could not apply for DACA.

Lev Craig

On May 9, 2017, the U.S. Court of Appeals for the Second Circuit denied summary judgment in Ahmed v. Astoria Bank, where plaintiff Sherin Ahmed brought religion, race, and national origin discrimination claims against her former employer. The Second Circuit held that the district court had erred in concluding that Ahmed had not presented evidence of discrimination and harassment sufficient to meet the threshold for a hostile work environment claim under Title VII of the Civil Rights Act of 1964 (“Title VII”). As such, the court vacated the lower court’s granting of summary judgment, allowing the case to proceed to trial.

Ahmed, who is originally from Egypt and immigrated to the U.S. in 2001, is a practicing Muslim woman and wears a hijab as part of her religious observance. In 2013, Ahmed interviewed for a quality control analyst position at Astoria Bank, a Long Island City­-based bank serving the New York metropolitan area, and was hired, conditional upon a 90-day probationary period. But, she alleges, Astoria Bank discriminated against her based on her race, religion, and national origin beginning as early as the day of her interview, when Anthony Figeroux, a Vice President at the bank, told her that she and two other Middle Eastern employees were “suspicious” and that he was glad he was “in the other side of the building in case you guys do anything.”

Edgar M. Rivera, Esq.

On June 2, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) proposed enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The guidance sets forth the agency’s interpretation of national origin discrimination under Title VII. This enforcement guidance will supersede the 2002 EEOC Compliance Manual, Vol. II, Section 13: National Origin Discrimination.

Title VII prohibits an employer from treating its employee unfavorably due to his or her national origin, which includes discrimination based on ethnicity, the appearance of an ethnic background, or the association with a particular country or part of the world. National origin discrimination often overlaps with race, color, or religious discrimination because a national origin group may be associated or perceived to be associated with a particular religion or race. For example, discrimination against people with origins in the Middle East may be motivated by race (Arab), by national origin (Jordan), or religion (Islam). As a result, the same set of facts may state claims alleging multiple bases of discrimination. The proposed guidance also includes three new areas of coverage: job segregation, human trafficking, and intersectional discrimination.