Employer Reliance on Customer Preference Is Possible National Origin Discrimination
by
Joseph C. Maya on Jun. 19, 2017
Employment Employment Employment Discrimination
Summary: A blog post about how an employer may be discriminating based on national origin if he or she makes a decision based on what a customer may like to see when doing business with the company.
Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com
The Equal Employment Opportunity Commission (EEOC), interprets and enforces Title VII’s prohibition of discrimination as forbidding any employment discrimination by employers against employees based upon race, color, gender, religion, sex, age, genetic information, or national origin.
Many employers adhere to the philosophy that the customer is always right. While this may be a good business decision, customer preference should not be the guiding principal in making employment related decision as customer preference could lead to the employer facing discrimination claims from an employee or prospective employee.
Under both State and Federal anti-discrimination laws, employers may not rely on the discriminatory preferences of coworkers, customers, or clients as the basis for adverse employment actions in violation of Title VII. An employment decision based on the discriminatory preferences of others is itself discriminatory. As an example, the EEOC provides that, a specific “corporate look,” or “image,” policy may serve as a proxy for discriminatory customer preference or prejudice, and accordingly, would not justify hiring, assignment, or promotion decisions that treat individuals in a disparate manner based on their national origin.
As a further example, the EEOC provides employers with a fact pattern which, may look innocuous on its face, but could lead to discrimination claims against the employer:
A Chinese-American college student, applies to work as a salesperson at a clothing store. The prospective employee is qualified for the job because he has worked successfully in retail sales before. The manager who conducts the job interview asks the prospect where he was born, states that he looks “foreign,” and notes that he is concerned that the prospect’s physical appearance would not fit the company’s “all-American image.” The prospect is not hired. If there is evidence that the employer based this decision on its belief that customers would have negative perceptions about the prospect’s national origin or race, or because the employer prefers to hire people who do not look “foreign,” the EEOC would have reasonable cause to find that the employer subjected the prospect to unlawful national origin or race discrimination.
(www.eeoc.gov/laws/guidance/national-origin-guidance.cfm).
If you are an employer and are faced with an employee claim of discrimination under Title VII, or are facing a claim under jurisdiction of the EEOC, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: eeoc.gov
