National Origin Discrimination at Work

National Origin Discrimination at Work: Know Your Rights

If you believe you’ve been treated unfairly at work because of your national origin, ancestry, accent, or citizenship status, you may have a legal claim. The right path forward depends on where you work and who you work for. For a general overview of how DC, Maryland, and federal employment law differ, see our Employment Discrimination overview. This page covers what’s specifically distinctive about national origin and citizenship-status discrimination claims.

What Is National Origin Discrimination?

National origin discrimination happens when an employer treats you unfairly because of your place of birth, ancestry, culture, accent, or the perception that you look or sound “foreign.” This can include:
  • Being passed over for hiring, promotion, or a raise because of your national origin or accent
  • English-only workplace rules that aren’t justified by business necessity
  • Harassment or a hostile work environment based on national origin or ethnicity
  • Retaliation against an employee who reports national origin discrimination

Federal Protection: Title VII of the Civil Rights Act

Title VII is the core federal law prohibiting national origin discrimination in employment. It applies to employers with 15 or more employees and prohibits discrimination in hiring, firing, pay, promotions, and workplace conditions, as well as retaliation against employees who report violations. As with race discrimination, Title VII allows compensatory and punitive damages, subject to a cap generally ranging from $50,000 to $300,000 depending on employer size.

Citizenship Status and IRCA: A Powerful Additional Federal Option

Beyond Title VII, there’s a second federal law worth knowing about: the Immigration Reform and Control Act of 1986 (IRCA), which amended the Immigration and Nationality Act (INA) to prohibit certain forms of citizenship-status and national-origin discrimination under 8 U.S.C. § 1324b. These protections are enforced by the Department of Justice’s Immigrant and Employee Rights Section (IER), rather than the EEOC, and they cover some situations that Title VII does not:
  • Fills the small-employer gap. IER has jurisdiction over national origin discrimination claims against employers with just 4 to 14 employees — below Title VII’s 15-employee threshold. This matters most for Maryland workers, since Maryland’s FEPA also starts at 15 employees; DC’s 1-employee DCHRA threshold already covers this gap for DC workers.
  • Protects citizenship status separately. The INA separately prohibits discriminating against U.S. citizens, nationals, asylees, refugees, and recent lawful permanent residents based on their citizenship status — a distinct protected category from national origin itself.
  • Covers unfair documentary practices. Employers can’t demand more or different documents than legally required, or reject genuine-looking documents, based on a worker’s citizenship status or national origin during the Form I-9 or E-Verify process — a violation type that doesn’t exist under Title VII, the DCHRA, or Maryland’s FEPA.
Claims under this law generally must be filed with IER within 180 days of the discriminatory act – a different deadline and a different agency than a Title VII charge.

Which Laws Apply to You?

I work for a private employer or local government in Washington, DC.

DC law covers smaller employers than federal law and allows uncapped compensatory and punitive damages. Learn about national origin discrimination protections in DC

I work for a private employer or local government in Maryland.

Maryland has its own state law protections, filing process, and deadlines. Learn about national origin discrimination protections in Maryland

I am a federal government employee.

Federal employees follow the federal EEO process — including a strict 45-day deadline to contact an EEO Counselor — regardless of whether you work in DC, Maryland, or elsewhere. Learn about national origin discrimination protections for federal employees

What Compensation or Remedies Are Available?

While the specific process and damages differ by jurisdiction and which law applies, workers who prove national origin or citizenship-status discrimination may generally be entitled to:
  • Reinstatement or a comparable position
  • Back pay for lost wages
  • Front pay, in some cases
  • Compensatory damages, including for emotional distress
  • Punitive damages, in cases involving egregious or malicious conduct
  • Attorney’s fees and costs
Note: Title VII caps compensatory and punitive damages by employer size, while the DCHRA does not. IER claims under the INA follow their own separate remedy structure. See the jurisdiction-specific pages above for details.

Talk to a National Origin Discrimination Attorney

You don’t have to figure out which laws apply to you on your own. If you believe you’ve experienced national origin or citizenship-status discrimination at work — in DC, Maryland, or as a federal employee — Wilkenfeld Law Office can help you understand your rights and options.

Schedule a consultation

Or call 301.245.3035 · Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.
Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.
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