National Origin and Immigration Status Harassment & Religious Harassment and Discrimination

Language-Based Harassment

Accent Discrimination:

- Mocking accents or speech patterns - Requiring "accent reduction" without business necessity - Excluding employees from meetings due to accent - Making derogatory comments about language skills - Imitating or exaggerating accents for ridicule

English-Only Policies:

Blanket English-only policies can constitute harassment when: - Applied inconsistently or selectively - Used to isolate or exclude certain employees - Enforced during breaks or personal conversations - Not justified by business necessity

Cultural and Ethnic Harassment

Stereotyping and Assumptions:

- Comments about cultural practices or holidays - Assumptions about work ethic based on national origin - Exclusion from opportunities due to perceived "foreignness" - Questions about legal status or right to work - Comments about "going back where you came from" Case Example: A software company regularly scheduled important meetings during Ramadan without accommodation and made comments about Muslim employees being "uncommitted" during the holy month. This constitutes national origin harassment.

Immigration-Related Harassment

Document Harassment:

- Repeated requests for documentation after employment eligibility is established - Threats to call immigration authorities - Comments about deportation - Different documentation requirements for employees of certain national origins Important Note: While immigration status itself is not a protected class under federal law, harassment based on national origin or perceived national origin is illegal regardless of actual citizenship status.

Direct Religious Harassment

Anti-Religious Conduct:

- Derogatory comments about religious beliefs or practices - Mocking religious attire or symbols - Forcing participation in religious activities - Preventing religious practice or observation - Vandalizing religious items or spaces

Proselytizing and Religious Pressure:

- Persistent attempts to convert or persuade - Conditioning benefits on religious participation - Creating pressure to attend religious services - Distributing religious materials despite objections - Using workplace resources for religious recruitment

Accommodation Failures as Harassment

Religious Practice Interference:

- Refusing reasonable schedule accommodations for religious observance - Prohibiting religious dress or grooming without business justification - Failing to provide space for religious practices - Scheduling mandatory activities during religious observances - Creating hostile environment for those who request accommodations Case Example: A retail chain scheduled all Muslim employees to work during Friday prayers despite requests for accommodation and availability of other employees. When employees complained, supervisors made comments about "special treatment" and questioned their "commitment to the job."

Harassment Based on Religious Appearance

Dress and Grooming Harassment:

- Comments about hijabs, turbans, yarmulkes, or other religious head coverings - Touching or removing religious items without permission - Requiring removal of religious items without business justification - Making assumptions about capabilities based on religious dress - Creating different standards for religious accommodation