KENTUCKY & OHIO · EMPLOYEE RIGHTS
National origin discrimination
Treated differently at work because of your background, accent, or where your family comes from? Thompson Legal helps employees in Kentucky and Ohio understand their rights and next steps. We represent individuals. We never represent employers or government.
Start with what is happening at work
Your work should be judged on your skills and performance. National origin discrimination involves unfair treatment because of a person’s country of origin, ancestry, or ethnic background. It can also involve an employer’s mistaken belief about someone’s background.
Unfair job decisions
Being denied a job, promotion, or fair treatment because of where you or your family come from.
Accent or language concerns
Being singled out for your accent or facing language rules that may not be tied to the job.
Harassment
Ethnic insults, mocking, or repeated comments about your background that make work abusive.
You do not have to know the legal terms
Being singled out can make you worry about your job and whether anyone will listen. Start with what happened and why you think your background played a part.
These protections are not limited to people born outside the United States. Treatment based on your family background or your association with someone of a particular national origin may also be covered.
CONNECTING YOUR EXPERIENCE TO THE LAW
Which protections may apply?
The answer depends on the treatment, the job, and the employer. Open the section closest to your concern. Our employment discrimination overview explains Kentucky and Ohio coverage and filing differences.
Unfair treatment · Title VIICovered employers, job decisions, and bringing a claim.
Title VII and national origin discrimination
Title VII prohibits employment discrimination based on race, color, and national origin. Title VII also prohibits national-origin harassment and retaliation for protected activity, such as opposing discrimination.
“It shall be an unlawful employment practice for an employer. . .to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin”
42 U.S. Code § 2000e–2
Most private employers that employ at least 15 employees that work at least 20 weeks a year and public employers must follow the requirements of Title VII. Unfortunately, Title VII’s protections do not apply to independent contractors.
Employers (the company) can be held accountable for discrimination, retaliation, and harassment under Title VII. However, courts will not typically hold managers, officers, supervisors personally liable under Title VII.
Title VII prevents employers from making adverse employment decisions because of an employee’s race, color, national origin, religion. Examples of adverse employment decisions are:
- Terminating an employee
- Forcing the employee to quit (known as Constructive Discharge)
- Demoting an employee
- Failing to promote an employee
- Refusing to hire an employee
If an employee suffered an adverse employment decision because of an employee’s race, color, national origin, religion they can bring a claim under Title VII.
Starting the filing process
For most private-sector Title VII claims, you must first file a charge with the Equal Employment Opportunity Commission (EEOC). The agency process may provide an opportunity to resolve the dispute. A notice of right to sue generally starts a 90-day deadline to file a lawsuit.
Different procedures can apply to federal employees. Ask about the rules and deadlines for your situation before filing. See the EEOC’s filing guidance.
Accent and language rulesWhen communication requirements may be legitimate—and when they deserve a closer look.
Does your accent actually affect the work?
An accent alone does not show that someone cannot do a job. Under EEOC guidance, an employer may rely on an accent when effective spoken communication is required and the accent materially interferes with that work. That means a real communication problem, not simply a preference for a different accent.
Language requirements need a careful review of the duties, the reason for the rule, and how it is applied. A rule adopted to exclude workers of a particular national origin can violate Title VII. Keep a copy of the policy if you are allowed to have it, and note when and to whom it is applied.
Harassment about your backgroundInsults, mocking, and conduct that creates an abusive workplace.
When comments become unlawful harassment
Harassment may include ethnic slurs, mocking an accent, or offensive remarks about a person’s ancestry. For a hostile work environment claim, the conduct generally must be severe or pervasive—very serious or frequent enough to create an abusive workplace. Ordinary rudeness alone does not establish a claim.
The full picture matters: what was said or done, how often it happened, who was involved, and how the employer responded. A very serious single incident may qualify. The harasser may be a manager, coworker, or someone else in the workplace.
IF YOU ARE WORRIED ABOUT SPEAKING UP
What if speaking up puts my job at risk?
That concern is understandable. Retaliation means punishment for protected activity, such as reporting discrimination you reasonably believe is unlawful or taking part in an investigation.
It may include firing, threats, or changes in pay or assignments serious enough to discourage someone from speaking up. A change after a complaint is not automatically retaliation; the reason and timing matter.
Keep a record of what you reported and any changes afterward. You can ask about reporting options and deadlines before deciding your next step. Read the EEOC’s reporting guidance.
How can you show what happened?
Evidence can show discrimination in two ways. It may directly reveal the reason for a decision, or it may help you piece together what happened.
Direct evidence: a clear link
A statement or action may directly show that an employer made a decision for an illegal reason. For example, a hiring manager tells an applicant, “We rejected you because of where your family comes from.” This example connects the job decision to the reason.
Indirect evidence: clues that fit together
You may not have a clear admission. Emails, comments, timing, changing explanations, or better treatment of coworkers in similar jobs can help show why a decision was made. This is also called circumstantial evidence.
The context matters. A biased comment is not always direct proof of a job decision, but it may still help support your case. See the EEOC’s explanation of direct and indirect evidence.
How courts evaluate indirect evidence
One framework courts use is the McDonnell Douglas burden-shifting analysis. In cases where it applies, the employee first presents evidence supporting an initial inference of discrimination. The employer then gives a legitimate, nondiscriminatory reason for its decision, and the employee can show why that explanation masks discrimination. The framework does not apply to every case.
See the EEOC’s explanation of indirect evidence and legal standards.
Write down what happened
Record dates, exact comments, job decisions, and who was present. Note whether coworkers in similar roles were treated differently.
Keep useful records
Save messages, reviews, job postings, and language policies you are allowed to have. Do not take confidential company records or trade secrets.
Record reports and responses
Keep track of what you reported, who received it, and what changed afterward. Note anyone who witnessed the events.
Before you contact us
With your situation in mind, here are answers to a few practical questions about getting started.
Do I need every document before contacting you?
No. A brief description of what happened is enough to start. Keep records you lawfully possess and bring your questions.
Should I wait until my employer finishes an internal review?
Ask about deadlines promptly. An internal grievance generally does not extend the deadline for filing an EEOC charge. See the EEOC’s filing deadline guidance.
Is the consultation free?
We offer both free and paid consultations, depending on your situation. We explain any consultation fee before you decide to schedule.
How much does it cost to hire you?
Most cases we accept are handled on a contingency fee. That means our attorney’s fee is a percentage of the money recovered through a settlement or court award. Some cases may require hourly fees, depending on the facts and the work involved.
Before you hire us, we explain the fee arrangement and how case expenses are handled. A consultation fee is separate from the fee for handling your case.
LET’S TALK ABOUT YOUR SITUATION
Wronged by your employer? Let’s talk.
Tell us about your national origin discrimination concern and how to reach you. We offer paid and unpaid consultations depending on the matter, and explain any fee before you schedule.
What happens after you contact us?
TWO OFFICES. SAME MISSION.
Here when you need a next step.