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National Origin Discrimination

By Paul Kehoe

Amidst a workforce characterized by rapidly changing demographics, employers and employees are faced with many challenges, including providing a workplace free from harassment and discrimination. Based on the 2010 Census, 40 million foreign-born individuals live in the United States, and account for 12.9% of the total population. A decade ago, those figures were 31.1 million and 11.1% respectively, and in 1990, 19.8 million and 7.9% respectively. In addition, almost 20.7% of the population over 5 years old speaks a language other than English at home, and of these, 62% speak Spanish or Spanish Creole. A decade ago, those numbers were 17.9% and 59.8%, respectively.

These demographic shifts play out across the country in all aspects of life, but in particular, in the workplace. Recent data published by the Equal Employment Opportunity Commission (EEOC) indicates that filings alleging national origin discrimination have increased from 8,327 in fiscal year 2005 to 10,883 in fiscal year 2012, though as a total percentage of claims filed, they have remained relatively stable between 11%-12% over that period.

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