RACE, COLOR & NATIONAL ORIGIN DISCRIMINATION
 
State and federal laws prohibit different terms or conditions of employment based on race, color or national origin. An employer may not provide separate facilities, unequal benefits or unequal opportunities because of race, color or national origin.
 

Association with Persons of Another Race
An employer may not discriminate against an individual because that person associates with members of a particular race, color or national origin.

Example: A white employee is scrutinized more carefully for tardiness because of his relationship with a black woman.

It is unlawful to discharge, to refuse to hire or otherwise to discriminate against an individual who is associated with a group that promotes racial, religious or national group interests, even if that person is not a member of that racial, religious or national group.  

Dress Code
An employer may set standards of dress or appearance for employment purposes. However, dress codes should take into account different racial characteristics and should not set standards that would deny an employment opportunity to a member of a particular race or national origin.

 

Definition of National Origin
The term "national origin" is not defined under federal law. State law, ORS 659.010(10) simply states, "National origin includes ancestry." Discrimination on the basis of national origin may be found if one is denied an employment opportunity because:

• The individual or the individual´s forebears came from a particular country.
  
• The individual possesses a particular ancestry, heritage or background.
  
• The individual´s name or the name of the individual´s spouse reflects a certain national origin.

 

English as a Job Requirement
Requiring employees to speak fluent English may have an adverse impact on persons born in non English-speaking countries. For this reason, employers should impose this requirement only when there is a business necessity to do so. Similarly, an employer cannot discriminate based upon a dislike (or concern for possible customers´ dislike) of a particular accent.

 
Employees should not be prohibited from speaking another language during break time or during work time when safety or efficiency are not affected by the use of another language.
 

Assignments Based on Race or National Origin
Federal law and guidelines dictate that employers may not assign an employee to particular job duties on the basis of the employee´s race or national origin because:

• The clientele being serviced is of the same or a similar group.
• Customers would prefer it.
• Persons of that group have traditionally held certain jobs.

 
However, an employer may assign job duties on the basis of an individual´s ability to perform a job function.

Example: An employer may require that an employee speak fluent Spanish when the job requires dealing with members of the public who speak Spanish and little or no English.

BFOQ
National origin may be considered a bona fide occupational qualification (BFOQ) for security purposes when persons of a particular national group would be unable to get clearance necessary to perform a particular job.

 

Native American Preference
State and federal law prohibits discrimination against Native Americans. However, federal law allows an employer to give preferential treatment to Native Americans when:

• The business is on or near an Indian reservation.
• The prospective employment has been publicly announced.
• The individual being preferred is an Indian living on or near a reservation..

 

Immigration Reform and Control Act (IRCA)
This federal law requires employers to complete an employment eligibility verification form (I-9) for all employees hired after November 6, 1986. IRCA also prohibits discrimination based on national origin and citizenship.

 

I-9 Form
The I-9- Form lists several kinds of documents (such as passports, alien registration cards, driver´s licenses and social security cards) that an employee can present to show that he or she is legally authorized to work in the United States.

 
A common mistake employers make is assuming that they can express a preference for the types of documents an employee should present. This kind of preference is considered discrimination based upon citizenship under IRCA. For more information, contact the Immigration and Naturalization Service information line at 1-800-255-8155.

Example: An employer requires seeing an alien registration or "green" card if the employee has one, rather than accepting a driver´s license or social security card.