When the U.S. has been attacked by persons belonging to another nation, some people irrationally transfer the animus they feel towards the attackers to people of similar nationalities and origins. While no one in New Jersey will forget Sept. 11, employers are bound to respect anti-discrimination laws that preclude unfair treatment on the basis of national origin.

Unfortunately, some companies fail to abide by this simple and clear directive. Late last month, the U.S. Equal Employment Opportunity Commission announced the settlement of a workplace discrimination case it had brought against Sierra Pacific Industries. In that case, workers in a timber-processing factory verbally abused an employee who had moved to the U.S. from Egypt. The abuse began after the Sept. 11 terrorist attacks and continued until he was fired three years later.

Co-workers openly used derogatory language in his presence and when addressing him directly, calling him a “camel jockey” and “Osama.” When he brought the conduct to the attention of management, they not only failed to silence it, but disciplined him instead, an impermissible retaliatory measure. In 2004, they fired the man for unlawful reasons.

After leaving the timber company, the man had a successful career serving the U.S. in the Army. Under the terms of the settlement reached between the company and the EEOC, the man will receive $95,000 and the company will be required to train its employees to prevent future instances of workplace discrimination.

Title VII of the Civil Rights Act prevents employers from engaging in discriminatory practices against employees. National origin is just one of many protected categories under the law. Those who have been subjected to a hostile work environment should investigate what their rights are under New Jersey and federal employment laws.

Source: U.S. Equal Employment Opportunity Commission, “Forestry Giant Sierra Pacific Industries Settles EEOC National Origin Discrimination Lawsuit,” Oct. 23, 2012