EEOC - National Origin Guide

SIMPLIFIED EEOC GUIDELINES ON DEFINING DISCRIMINATION BECAUSE OF NATIONAL ORIGIN, From Volume 29, Code of Federal Regulations, Section 1606.1 et. seq.

Definition of national origin discrimination.

The Equal Employment Opportunity Commission defines national origin discrimination broadly as including, but not limited to, the denial of equal employment opportunity because of an individual's, or his or her ancestor's, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group.

The Commission will examine with particular concern charges alleging that individuals within the jurisdiction of the Commission have been denied equal employment opportunity for reasons which are grounded in national origin considerations, such as:

(a) marriage to or association with persons of a national origin group;

(b) membership in, or association with an organization identified with or seeking to promote the interests of national origin groups;

(c) attendance or participation in schools, churches, temples or mosques, generally used by persons of a national origin group; and

(d) because an individual's name or spouse's name is associated with a national origin group. In examining these charges for unlawful national origin discrimination, the Commission will apply general title VII principles, such as disparate treatment and adverse impact.

The use of any selection procedure which has an adverse impact on the hiring, promotion, or other employment or membership opportunities of members of any race, sex, or ethnic group will generally be considered to be discriminatory and inconsistent with these guidelines.

Where two or more selection procedures are available which serve the user's legitimate interest in efficient and trustworthy workmanship, and which are substantially equally valid for a given purpose, the user should use the procedure which has been demonstrated to have the lesser adverse impact.

Copyright 1996 David Trieloff, Esq.

Mr. Trieloff passed away on April 16th, 1998 and is sadly missed by the staff of the Business Know-How where he was a member of the volunteer staff.