NATIONAL ORIGIN DISCRIMINATION










National Origin Discrimination in the Workplace: West Virginia and Ohio
Where you or your family came from has no bearing on your ability to do your job. Yet employers continue to discriminate against workers based on their national origin — targeting employees because of their country of birth, ancestry, ethnicity, accent, or perceived foreignness. Federal and state laws make national origin discrimination illegal in all aspects of employment, and workers who experience this form of discrimination have the right to take legal action. At Klie Law Offices, our employment law attorneys represent workers throughout West Virginia and Ohio who have been subjected to national origin discrimination and help them hold their employers accountable.
We handle national origin discrimination cases from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.
What Is National Origin Discrimination?
National origin discrimination occurs when an employer treats an employee or applicant unfavorably because of their country of origin, ethnicity, ancestry, or characteristics closely associated with a particular national origin group. The protection extends broadly — you do not have to be an immigrant to experience national origin discrimination. American-born citizens who are of a particular ethnic background, employees who are married to or associated with people of a certain national origin, and employees who participate in cultural practices associated with a national origin group are all protected.
National origin discrimination is prohibited by Title VII of the Civil Rights Act of 1964, the West Virginia Human Rights Act, and Ohio Revised Code Chapter 4112. These laws cover all aspects of employment including hiring, firing, pay, promotions, job assignments, training, benefits, and every other term and condition of employment.

Common Forms of National Origin Discrimination
Hiring and Promotion Discrimination
Employers who refuse to hire or promote qualified individuals because of their national origin are engaging in illegal discrimination. This can take obvious forms — such as rejecting all applicants with foreign-sounding names — or more subtle forms, such as requiring qualifications that disproportionately exclude people of certain national origins without being necessary for the job. Interview questions about an applicant's country of birth, citizenship status (beyond what is required for work authorization verification), or ethnic background can be evidence of discriminatory intent.
Language Discrimination
Language-related discrimination is one of the most common manifestations of national origin discrimination in the workplace. Employers sometimes implement English-only rules that prohibit employees from speaking other languages during breaks, in personal conversations, or in situations where English is not necessary for job performance. While an employer may require English proficiency when it is genuinely necessary for the position, broad English-only policies that are not justified by business necessity can constitute national origin discrimination because they disproportionately affect employees from non-English-speaking backgrounds.
Similarly, discrimination based on an employee's accent — refusing to promote or assigning less favorable duties because of how an employee speaks English — is illegal unless the accent genuinely interferes with the employee's ability to perform a specific job function, such as a position that requires clear oral communication with customers. The employer bears the burden of demonstrating that the accent actually prevents effective job performance, not merely that customers or coworkers have a preference for a particular way of speaking.

Harassment Based on National Origin
Persistent comments, jokes, slurs, or hostility directed at an employee's national origin can create a hostile work environment. This includes ethnic slurs and derogatory names, mocking an employee's accent, language, food, clothing, or cultural practices, displaying offensive images or symbols targeting a national origin group, making comments such as "go back to your country," isolating or excluding employees from workplace activities because of their ethnicity, and stereotyping employees based on their national origin. When this conduct is severe or pervasive enough to alter the employee's working conditions, it constitutes illegal harassment.
Citizenship Status Discrimination
The Immigration and Nationality Act prohibits employers from discriminating based on citizenship status in hiring, firing, and recruitment. Employers cannot refuse to hire a qualified applicant because they are a lawful permanent resident rather than a citizen, or because they have a work visa rather than a green card. Employers also cannot demand specific documents during the I-9 verification process — they must accept any valid documents the employee chooses to present from the approved list. Document abuse — requiring specific documents based on national origin or citizenship status — is a form of discrimination enforced by the Department of Justice's Immigrant and Employee Rights Section.
Discriminatory Policies and Practices
Facially neutral policies can constitute national origin discrimination if they have a disparate impact on employees of a particular national origin and are not justified by business necessity. For example, requiring a specific educational credential that is common in the United States but rare in other countries, when the credential is not actually necessary for the job, could disproportionately exclude qualified candidates of certain national origins.

National Origin Discrimination and Intersecting Claims
National origin discrimination frequently intersects with other forms of illegal conduct. Race discrimination claims may overlap when the discrimination targets both an employee's ethnicity and racial identity. Religious discrimination claims arise when the employee's national origin is associated with a particular religion — for example, discrimination against a Middle Eastern employee that is motivated by anti-Muslim bias. Retaliation claims arise when the employer punishes an employee for complaining about national origin discrimination. And wrongful termination claims are available when the discrimination results in job loss.
West Virginia Protections
The West Virginia Human Rights Act prohibits national origin discrimination by employers with 12 or more employees. The Act provides broad protections and allows for compensatory and punitive damages without the caps that apply to federal Title VII claims. West Virginia's diverse workforce — including immigrant communities in areas with significant industrial, agricultural, and healthcare employment — means that national origin discrimination claims arise in a variety of workplace settings across the state.


Ohio Protections
Ohio Revised Code Chapter 4112 prohibits national origin discrimination and applies to employers with four or more employees, providing broader coverage than federal law. Ohio courts have recognized national origin discrimination claims across a wide range of scenarios, including language-based discrimination, harassment, and disparate treatment in hiring and promotion. Our Canton office attorneys are experienced in pursuing national origin discrimination claims under Ohio law, where Canton's diverse community means these cases arise with some regularity.
Client Reviews
Filing a National Origin Discrimination Claim
National origin discrimination claims can be pursued through several channels. A charge of discrimination can be filed with the EEOC within 300 days of the discriminatory act (in states with a fair employment practices agency, which includes both West Virginia and Ohio). Claims can also be filed with the West Virginia Human Rights Commission within 365 days or with the Ohio Civil Rights Commission. Citizenship status discrimination complaints under the INA are filed with the Department of Justice's Immigrant and Employee Rights Section within 180 days. Because multiple filing deadlines apply depending on the specific legal theory, consulting with an attorney promptly is important to ensure all available claims are preserved.


Damages in National Origin Discrimination Cases
Employees who prevail in national origin discrimination cases may recover back pay and lost benefits, front pay or reinstatement, compensatory damages for emotional distress and mental anguish, punitive damages for egregious or malicious employer conduct, and attorney's fees and litigation costs. The West Virginia Human Rights Act provides uncapped damages, while federal Title VII claims are subject to statutory caps based on employer size. Pursuing claims under both federal and state law maximizes the available recovery.
Helpful Shorts From Our TikTok
Klie Law Office F.A.Q
1. What should I do immediately after a personal injury accident?
After a personal injury accident, your safety comes first. Seek medical attention right away, even if you feel fine, as some injuries may not be immediately apparent. If possible, document the scene by taking photos, gathering witness information, and filing an accident report. Then, contact an experienced personal injury attorney at Klie Law Offices to discuss your rights and next steps.
2. How do I know if I have a valid personal injury claim?
If you were injured because of someone else’s negligence or reckless actions, you may have a valid personal injury claim. Common situations include car accidents, slip and falls, workplace injuries, and dog bites. Our attorneys offer free consultations to review your situation and determine whether you have a case.
3. How much is my personal injury case worth?
The value of a personal injury case depends on several factors, including the severity of your injuries, medical expenses, lost wages, pain and suffering, and long-term impacts on your life. Every case is unique, so we carefully evaluate the details to pursue the maximum compensation available under the law.
4. Will my personal injury case go to court?
Most personal injury cases are settled outside of court through negotiations with insurance companies or at mediation. However, if a fair settlement cannot be reached, Klie Law Offices is prepared to represent you in court and fight for the compensation you deserve.
5. How much does it cost to hire a personal injury lawyer at Klie Law Offices?
Klie Law Offices handles personal injury cases on a contingency fee basis. This means you pay no upfront costs, and we only get paid if we recover compensation for you. Your initial consultation is free, and we’ll explain all fees and terms clearly before you decide to move forward.

Civil Litigation Team
Civil Litigation Attorneys
Administrative Assistant
Civil Litigation Paralegals
Civil Litigation Practice Coordinator
Civil Litigation Law Clerk

Building Your Case
If you believe you have experienced national origin discrimination, document everything. Record any comments, slurs, or derogatory statements about your national origin, accent, or ethnicity — noting dates, times, who said what, and any witnesses. Save emails, text messages, or written communications that reflect discriminatory attitudes. Keep records of how the employer has treated similarly situated employees of different national origins. If you were denied a promotion, a raise, or a favorable assignment, note who received it instead and their national origin. And if you reported the discrimination internally, keep copies of your complaints and the employer's responses.
Why Choose Klie Law Offices
National origin discrimination cases require attorneys who understand the overlapping federal and state frameworks that protect workers and who can identify all available legal theories. At Klie Law Offices, our employment law team has extensive experience handling national origin discrimination claims in West Virginia and Ohio. We represent workers from all backgrounds and fight to ensure that every employee is evaluated based on their qualifications and performance — not where they come from.


Discriminated Against Because of Your National Origin?
If your employer has fired, demoted, harassed, or otherwise discriminated against you because of your national origin, ethnicity, or ancestry, contact Klie Law Offices for a free case evaluation, or schedule an appointment online. We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, and Parkersburg in West Virginia, and Canton in Ohio.
Office Locations
Buckhannon
21 E Main St, Suite 160
Buckhannon, WV 26201
Map and Directions ↗
Parkersburg
300 Star Avenue, Unit 312
Parkersburg, WV 26101
Map and Directions ↗
Clarksburg
339 W Main St
Clarksburg, WV 26301
Map and Directions ↗
Morgantown
1300 Fort Pierpont Dr, Suite
102, Morgantown, WV 26508
Map and Directions ↗
Canton, OH
4150 Belden Village St NW
Suite 606
Canton OH, 44718
Map and Directions ↗
The first thing you’ll notice when you come to our Law Offices is that we’ll listen to your story. We want to know what you’re going through and what you need. Then, we’ll explain how West Virginia law applies to your specific situation and what your legal options are. There are no cookie-cutter answers here. We create a legal strategy tailored to each client’s individual needs.
Depending on your situation, we will find the right path forward. We are adept at resolving your legal matters through negotiation and mediation whenever possible. But we also won’t hesitate to take your case to trial if that’s what it takes to get the best possible outcome for you.
If you’re facing a legal challenge and need someone in your corner, don’t wait to get the help you deserve. Contact Klie Law Offices today to schedule a confidential consultation and take the first step toward a solution that works for you.




















