The Legal Aid Society - Employment Law Center

Keeping the Promise of Justice for All

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National Origin, Immigration, and
Language Rights

LAS–ELC’s National Origin, Immigration, and Language Rights Program provides legal help to workers who face discrimination because they belong to a particular ethnic community (such as Latina/os, East Asians, and South Asians), because they or their ancestors immigrated to the United States, or because of their linguistic or cultural characteristics. This type of discrimination may include, for example, discrimination against persons because they are not United States citizens or lawful permanent residents; because they have limited proficiency in English, are required to speak only English at work, or speak with an accent; or because they are required to conform to a dress or grooming code that is contrary to deeply-held personal beliefs.

It is against the law to discriminate against workers because of where they were born or the language they speak. Immigrant workers and native-born Americans alike are protected against discrimination based on their national origin.

The LAS–ELC uses many legal tools to help any person or group that has experienced such types of discrimination at work, including:

  • Legal help: LAS–ELC represents individuals through litigation and advocacy to enforce their rights against types of discrimination that often impact immigrants.
  • Class Action lawsuits: LAS–ELC engages in class action litigation on behalf of employees and others who have been discriminated against because of their national origin or traits and characteristics associated with national origin.
  • Advocacy: LAS–ELC drafts appellate and amicus (Friends of the Court) briefs, and , and engages in legislative advocacy to enhance and expand protections for people who have faced discrimination because of their national origin.
  • Tools: LAS–ELC provides advice, counseling, and self-help tools, such as fact sheets and sample letters to employers, and limited representation, and can offer guidance to employers on discrimination issues.
  • Collaboration: LAS–ELC collaborates with a range of advocates and communities to identify and strengthen the common interests of persons with disabilities, lesbian, gay, bisexual, and transgender people, women, people of color, immigrants, language minorities, labor, and working people with caretaking obligations.

Immigrant Workers’ Rights

Immigrants often accept the least desirable and lowest-paying jobs because of limited language and work skills. They often are subject to workplace abuses because of their immigration status, even though they have the same rights in the workplace as documented and native workers.

LAS–ELC fights against exploitation of immigrant workers. Among other things, we devise legal strategies that help workers to assert their rights to earn a legal wage and be free from discrimination and retaliation.

The tools we use include:

  • Legal help: LAS–ELC helps individuals through litigation and administrative advocacy to enforce their rights against types of discrimination that affect immigrant workers, particularly those who lack legal status in the United States.
  • Lawsuits: LAS–ELC takes legal action, including appellate issues and amicus briefs aimed at protecting immigrant workers.
  • Collaboration: LAS–ELC collaborates with a range of advocates and communities through technical assistance and other means to identify and strengthen the common interests shared by national origin and immigrant communities nationwide.

Language Rights

The United States has always been a melting pot and non-English speaking people continue to be an important part of the American workforce. Sometimes people who don’t speak English well are treated differently from those who do. This may be a violation of their rights as workers.

The LAS–ELC identifies cases where employers have unlawfully discriminated against workers with low English skills, and provides resources and legal help.

The tools we use include:

  • Language Rights Information Line: LAS–ELC offers a national, toll-free advice line (800) 864-1664 for people who believe they have experienced discrimination in the workplace because of the language they speak or due to limited English skills. The Language Rights Information Line offers services in Spanish, Cantonese, Mandarin, and English. Counselors will gather the relevant facts, consult with attorneys, and provide advice, referrals, and limited representation in cases where an individual’s legal rights appear to have been violated. More information
  • Legal help: LAS–ELC helps individuals through litigation and administrative advocacy to enforce their rights against discriminatory language policies both within and outside the workplace.
  • Class action lawsuits: LAS–ELC takes legal action, including appellate issues and amicus briefs aimed at protecting immigrant workers.
  • Tools: LAS–ELC provides advice, counseling, and self-help tools, such as fact sheets and sample letters to employers, and limited representation, and can offer guidance to employers on discrimination issues.
Rivera v. Nibco plaintiffs

Fresno Workers Face Language Discrimination

In the summer of 1998, 23 Latina and Southeast Asian women who worked at a manufacturing plant in Fresno, California, were told that they would be the first to be fired if they were unable to score 100% on a test of their English language skills. This was even though each of them had performed their jobs well for years, and despite the fact that their work—routine and simple in nature—simply did not require them to have a mastery of English.

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