Virginia Termination Based on National Origin Lawyer

Most employees understand that the law provides for equal employment opportunities for workers without regard for national origin, ethnicity, or ancestry. Despite this, stereotypes and bias persist in all manner of jobs.

If you believe your employer terminated or took other action against you because of your national origin, guidance from a Virginia termination based on national origin lawyer could be crucial to understanding your legal rights and pursuing claims for your termination.

The U.S. Equal Opportunity Commission (EEOC) receives thousands of charges each year alleges national origin discrimination. Getting help from a wrongful termination attorney with expertise in employment discrimination could help you effectively pursue a case for losses you experienced.

National Origin Discrimination Laws in Virginia

Federal, state, and local laws prohibit termination from employment based on your national origin. Which specific law or laws apply depends on a number of factors, including the size of the employer and the location of the employment.

In Virginia, the primary laws against national origin discrimination in private sector employment are Title VII of the Civil Rights Act of 1964 and the Virginia Human Rights Act (VHRA). Depending on the facts and circumstances of the particular case, these or other laws may apply. A termination based on national origin attorney well-versed in Virginia employment laws could consider the specifics of your case to help you understand their legal rights.

Pursuing a Case After Termination Based on National Origin

The first step to bringing a Title VII or VHRA-based national origin discrimination case is to file a “Charge of Discrimination” with either the Equal Employment Opportunity Commission (EEOC) or the Virginia Council on Human Rights. However, it should be noted that strict deadlines apply to filing such a charge. Employees must file state law claims within 180 days of the alleged discriminatory act, and the time limit for federal claims is 300 days.

To prove national origin discrimination, you must present credible evidence that your employer terminated you—or otherwise treated you negatively—because of some factor related to your national origin. This could be your birthplace, ethnicity, ancestry, accent, native language, or any other trait related to your birth country.

Plaintiffs in discrimination cases can prove discriminatory intent by direct or indirect evidence. Direct evidence is anything that directly shows a discriminatory intent—for instance, a statement like, “We have to get rid of you because people don’t like your Indian accent.” Most cases, however, involve facts that are less direct yet may still be sufficient for a judge or jury to conclude that national origin was a deciding factor.

An example of such indirect evidence would be an employer who fires a skilled and valued employee within days of finding out the employee is the child of Palestinian refugees. Evidence of this sort, especially when coupled with other evidence of bias such as past unfair treatment of Middle-Eastern employees, may be sufficient to support a national origin discrimination case.

Damages and Other Remedies in National Origin Discrimination Cases

When an employee wins a Title VII case involving a termination based on national origin, the law allows for several possible remedies. Monetary damages may include compensation for:

  • Backpay – lost wages following termination
  • Front pay – future lost wages paid if the employee is not reinstated
  • Lost benefits – the value of medical coverage, retirement accounts, or other fringe benefits
  • Compensatory damages for pain and suffering or emotional distress
  • Punitive damages
  • Attorney’s fees and court costs

In addition, the judge presiding over a case may also order additional relief such as reinstatement of employment, changes to workplace policies, or other actions to enforce the law. Talk to a termination based on national origin lawyer in Virginia for more clarification about what you may be able to recover from in your case.

Get Help from a Virginia Termination Based on National Origin Attorney

If you believe your employer terminated you because of your national origin or a related characteristic, you may need the help of a qualified wrongful termination attorney. Throughout your case, your legal counsel’s singular goal would be to help you seek a favorable outcome for your legal concerns.

A skilled Virginia termination based on national origin lawyer could advise you about your legal rights and assess the strengths and weaknesses of your possible legal claims. After that, they could help you pursue your claims through negotiation with your employer or by filing a charge of discrimination with EEOC and a lawsuit. Click here to use our no-cost case review tool right from your browser and learn what the Spiggle Law Firm could do to help you.