Legal Definitions - national origin

National origin refers to the country where a person was born, or the country from which their ancestors came. It is a fundamental concept in anti-discrimination law, signifying that individuals should not be treated unfairly based on their birthplace, ancestry, culture, or linguistic characteristics associated with a particular country or ethnic group.

Anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964 in the United States, specifically prohibit discrimination based on national origin in areas like employment, housing, and public accommodations. This means it is illegal to make decisions or treat someone differently because of where they or their family are from.

Here are some examples illustrating the concept of national origin:

• Example 1: Employment Discrimination Based on Birthplace

  A highly qualified software engineer, born in India but now a naturalized U.S. citizen, applies for a position at a tech company. During the interview, the hiring manager makes several comments about the engineer's "foreign" education and asks if they plan to return to their "home country," ultimately rejecting their application despite their superior qualifications compared to other candidates. The company later hires a less experienced candidate born in the U.S.

  This example illustrates national origin because the engineer was discriminated against based on their country of birth (India), which is a core aspect of their national origin. The hiring manager's comments and decision were rooted in their origin, not their qualifications.

• Example 2: Housing Discrimination Based on Ancestry

  A family of Korean descent, who are second-generation Americans born and raised in California, applies to rent an apartment. The landlord, upon seeing their surname and hearing their distinctly accented English (which is common in their family), tells them the apartment is no longer available, only to list it again online the next day. The family suspects they were denied because of their perceived Korean heritage.

  This scenario demonstrates discrimination based on national origin through ancestry. Even though the family members were born in the U.S., their perceived ancestral ties to Korea led to unfair treatment in housing.

• Example 3: Workplace Harassment Based on Perceived National Origin

  An employee, who is of Italian heritage but was born and raised in New York, is frequently subjected to derogatory jokes and stereotypes by colleagues who mistakenly assume he is from Mexico due to his darker complexion and a misunderstanding of his last name. His colleagues often make comments about "Mexicans taking jobs" and mockingly ask him to speak Spanish, even though he does not speak the language.

  This example highlights that discrimination based on national origin can occur even when the perception of someone's origin is incorrect. The employee is being harassed based on a mistaken belief about his country of origin or ancestry, which still constitutes national origin discrimination.