11.2.3 National Origin Discrimination

National origin discrimination under the INA occurs when an employer treats individuals differently based on their national origin with respect to hiring, firing, recruitment, or referral for a fee. An individual’s national origin relates to the individual’s place of birth, country of origin, ethnicity, ancestry, native language, accent, or the perception that they look or sound “foreign.” The INA’s national origin discrimination prohibition generally covers employers with more than three and less than 15 employees and covers all employment-authorized individuals. EEOC has jurisdiction over national origin claims involving employers with 15 or more employees, regardless of the work authorization status of the discrimination victims.


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