National Origin – Illustrations of Wrongful Termination based on Discrimination
examples illustrating grounds or facts for suing an employer for wrongful termination based on national origin discrimination in California:
Example 1: Disparate Treatment Discrimination
Facts: Ahmed, an Iranian immigrant, has been employed as a software developer at a California-based tech company for several years. He has consistently received positive performance evaluations and has played a crucial role in the company’s projects. However, when a new manager, John, takes over, Ahmed notices a change in his treatment.
John begins assigning Ahmed menial tasks that are below his skill level, while giving more significant and challenging projects to his non-immigrant colleagues. John also makes derogatory comments about people from the Middle East, including Ahmed. When Ahmed raises concerns about the disparity in project assignments, he is terminated for alleged poor performance.
Grounds for Wrongful Termination Lawsuit:
- Discrimination Based on National Origin: Ahmed can argue that his termination was based on his Iranian national origin, as evidenced by the derogatory comments, disparate treatment in project assignments, and the sudden shift in his treatment after the new manager took over.
- Retaliation: If Ahmed complained about national origin discrimination to HR or his supervisor and was terminated shortly afterward, he may have grounds for a retaliation claim in addition to national origin discrimination.
Example 2: Language Discrimination
Facts: Maria, a Mexican immigrant, has worked as a customer service representative at a call center in California for several years. She has consistently met her performance metrics and received positive feedback from customers. However, a new company policy is implemented, requiring all employees to speak only English while on the job.
Maria speaks English fluently but occasionally converses with her Spanish-speaking coworkers during breaks. One day, her supervisor informs her that she is being terminated because her conversations in Spanish are not in compliance with the new policy, even though English is used for all customer interactions.
Grounds for Wrongful Termination Lawsuit:
- Discrimination Based on National Origin: Maria can argue that her termination was based on her Mexican national origin, as the company selectively enforced the English-only policy against her due to her occasional conversations in Spanish.
Example 3: Disparate Impact Discrimination
Facts: David, an employee of Indian national origin, works in a managerial role for a California-based company. The company introduces a mandatory company event that requires employees to attend on a Saturday. This event conflicts with David’s religious observance.
David requests a reasonable accommodation to be excused from attending the event on Saturdays or to have an alternative assignment. The company denies David’s request, stating that all employees must attend the event on Saturdays. As a result, David is unable to comply with the policy and is terminated for not participating in the event.
Grounds for Wrongful Termination Lawsuit:
- Disparate Impact Discrimination: David can argue that the company’s policy disproportionately impacts employees of certain national origins, as it interferes with his ability to observe religious practices associated with his national origin.
- Failure to Accommodate: David can claim that the company’s refusal to provide a reasonable accommodation for his religious practices constitutes discrimination under Title VII and the California Fair Employment and Housing Act (FEHA).