Brooklyn National Origin Discrimination Lawyer

Brooklyn is one of the most ethnically and linguistically diverse places in the world. Residents who were born in Haiti, Bangladesh, Mexico, Poland, Russia, China, or dozens of other countries come here to work and build something. And many of them, at some point, run directly into a wall at work: passed over for a promotion because of an accent, fired after a manager started asking questions about where they were born, or treated differently in ways that have nothing to do with their performance and everything to do with where they came from. That is national origin discrimination, and it is illegal under both federal and New York State law.

A Brooklyn national origin discrimination lawyer at Mark David Shirian P.C. represents workers across Brooklyn and New York City who have faced this kind of treatment. The law does not require that an employer say something overtly bigoted. Discrimination often surfaces in patterns: who gets promoted, who gets the undesirable shifts, who is disciplined for things others are not, who gets spoken to dismissively in meetings. These patterns matter, and an attorney who handles employment discrimination cases regularly knows how to build a record from them.

If something has happened at your job and it does not sit right, the right time to talk to an attorney is before you respond to your employer, before you sign anything, and before more time passes. There are deadlines in discrimination cases that can close off your options permanently, and those deadlines move faster than most people realize.

How National Origin Discrimination Actually Shows Up at Brooklyn Workplaces

National origin discrimination covers a wide range of conduct. Under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, employers are prohibited from treating employees differently based on their country of birth, ancestry, ethnicity, cultural background, or accent. The New York City Human Rights Law adds additional layers of protection that are, in many respects, broader than the federal and state equivalents.

In practice, discrimination based on national origin can look like many different things. An employer might openly favor employees who were born in the United States for client-facing roles while relegating foreign-born employees to back-of-house work regardless of qualifications. A supervisor might mock an employee’s accent in front of coworkers, creating a hostile work environment. An employee might be terminated shortly after an employer learns about their immigration background or national heritage. A company might apply English-only policies in ways that go beyond any legitimate business need.

Brooklyn’s economy spans enormous industries: healthcare at Kings County Hospital, Brookdale University Medical Center, and SUNY Downstate; retail and warehouse logistics in East New York and Canarsie; construction and real estate throughout the borough; restaurants, hotels, and hospitality in neighborhoods from Williamsburg to Bay Ridge; garment and food manufacturing; and large public-sector workforces in education and transit. Each of these industries employs substantial numbers of foreign-born workers, and each generates discrimination claims. The industries differ, but the underlying legal framework applies across all of them.

• Discriminatory hiring and promotion: Refusing to hire or promote someone based on their national origin, including making assumptions about their capabilities based on ethnicity or accent, is prohibited under both the New York City Human Rights Law and Title VII.
• Hostile work environment: A pattern of derogatory comments, slurs, mockery of accents, or stereotyping based on national origin can constitute an actionable hostile work environment, particularly when management is aware and fails to address it.
• Language-based discrimination: English-only workplace policies that have no legitimate justification, or disciplining employees for speaking their native language during non-work time, can be a form of national origin discrimination.
• Retaliation for complaints: Employees who report discrimination or file a complaint with the EEOC or New York State Division of Human Rights are protected from retaliation. Being fired, demoted, or otherwise punished for speaking up is its own separate legal violation.
• Disparate treatment in discipline: If employees of one national origin are consistently disciplined more harshly for the same conduct that goes unpunished for other employees, that pattern can support a discrimination claim.
• Wrongful termination tied to national origin: Being let go in circumstances that suggest national origin was a motivating factor, such as following derogatory comments or shortly after a manager learns of an employee’s heritage, can be actionable even without a direct admission from the employer.

Why Mark David Shirian P.C. for a Brooklyn Discrimination Case

Mark David Shirian P.C. was founded in 2016 specifically to help people who have been wronged, with employment law as a primary focus. The firm handles discrimination and employment cases alongside personal injury and civil rights litigation, which means the attorneys here understand both the negotiation dynamics and the litigation realities involved in taking an employer to court in New York. The firm has recovered millions on behalf of clients across its practice areas, and clients have described the attorneys as detail-oriented, compassionate, and genuinely invested in results.

What matters in a national origin discrimination case is not just familiarity with the statutes, it is knowing how to investigate a workplace, identify patterns of discriminatory conduct, preserve documentary evidence, respond to employer defenses, and, when necessary, try the case. Attorneys Mark D. Shirian and Shawn D. Shirian bring that combination to every case they handle. For someone who has been treated unfairly at work because of where they came from or what language they speak at home, having an employment discrimination attorney in Brooklyn who will take the case seriously from day one makes a real difference.

What to Do If You Believe You Have Been Discriminated Against at Work in Brooklyn

The first and most critical thing is to write things down while your memory is fresh. Date, time, what was said, who said it, who was present, what happened before and after. This kind of contemporaneous record is often the most persuasive evidence in a discrimination case, because employers rarely put discriminatory intentions in writing.

Do not delete any emails, texts, or other communications from or about your employer. If you have documents that were shared with you in the course of employment, preserve them. If you have performance reviews that contradict the employer’s justification for an adverse action, those are important. Do not sign any severance agreement or separation documents before speaking to a national origin discrimination attorney in Brooklyn. These documents often contain releases that waive your right to pursue claims, and once signed, undoing them is extremely difficult.

There are deadlines you need to know. To file a charge with the Equal Employment Opportunity Commission (EEOC) under federal law, you generally have 300 days from the discriminatory act in a state like New York that has its own fair employment agency. Under the New York State Human Rights Law, you can file with the New York State Division of Human Rights, located at 163 West 125th Street in Manhattan, within one year of the discriminatory act, or file a lawsuit in court within three years. The New York City Human Rights Law allows a lawsuit to be filed in court within three years of the discriminatory act. These are not the same deadlines, and the strategy for which route to take depends on the specifics of your situation. An attorney handles this analysis.

If you have already filed an EEOC charge or received a right-to-sue letter, contact an attorney immediately. A right-to-sue letter from the EEOC gives you 90 days to file a federal lawsuit. That window closes fast. Cases in the Eastern District of New York, which covers Brooklyn and Queens, move through the federal system on timelines that reward early preparation. The courthouse at 225 Cadman Plaza East in downtown Brooklyn handles these matters.

One common mistake is waiting to see if the situation improves on its own. It usually does not, and delay allows documentation to disappear, witnesses to leave, and legal deadlines to expire. Another common mistake is assuming that discrimination has to be obvious and explicit to be actionable. Courts and agencies evaluate patterns, context, and the totality of circumstances. An attorney can assess what you experienced against that standard, which is something you cannot reliably do on your own.

The Intersection of National Origin and Other Protected Characteristics in New York

National origin discrimination frequently overlaps with other forms of unlawful employment discrimination. A worker who is treated poorly because of their accent may also be experiencing discrimination based on race or color. An immigrant worker who faces different terms and conditions of employment may also be experiencing discrimination tied to their religion if that religion is associated with their national background. The New York City Human Rights Law is particularly broad in how it defines protected categories and how it evaluates whether an employer’s conduct was unlawful.

New York law also recognizes intersectional discrimination claims, meaning that a worker can bring a claim based on the combination of two or more protected characteristics even if neither characteristic alone would have led to the same result. For example, a worker who is a Black woman from a West African country may experience discrimination that is specific to that intersection rather than being reducible to just race, just gender, or just national origin. An experienced employment discrimination attorney in Brooklyn will analyze your situation to identify all potentially viable claims, not just the most obvious one.

It is also worth noting that workers do not need to be immigrants or non-citizens to bring a national origin discrimination claim. A person born in the United States who has ancestry from another country, or who is perceived as being from another country, can be the target of national origin discrimination. The law protects workers based on national origin regardless of citizenship status.

Questions Brooklyn Workers Ask About National Origin Discrimination

What is the difference between the EEOC and the New York State Division of Human Rights?

The EEOC is a federal agency that enforces Title VII and other federal anti-discrimination laws. The New York State Division of Human Rights enforces the New York State Human Rights Law. You can file with either agency, but filing with one can affect your options with the other. In New York, the agencies have a work-sharing agreement, so filing with one often results in the charge being cross-filed with the other. An attorney can walk you through the strategic considerations, because the choice of forum can affect your remedies and your timeline.

Can I sue my employer directly without going through the EEOC first?

It depends on which law you are pursuing. Federal claims under Title VII require you to exhaust administrative remedies by filing with the EEOC first before you can go to federal court. However, claims under the New York City Human Rights Law can be filed directly in state court without going through an administrative agency first. This is one reason why the New York City Human Rights Law is often the primary vehicle for discrimination claims in the five boroughs.

My employer says I was fired for poor performance, but the timing feels suspicious. Does that matter?

Suspicious timing is relevant evidence. Courts and agencies recognize that employers rarely admit discriminatory intent. Pretext, meaning a stated reason that does not hold up to scrutiny, is a central issue in most discrimination cases. If your performance reviews were positive, if the performance issues cited were never raised with you before, or if other employees of different national origins engaged in similar conduct without being fired, those facts all bear on whether the stated reason is genuine. Circumstantial evidence of discrimination is legally sufficient in New York courts.

I work for a small business in Brooklyn. Does the law still apply?

It depends on the size of the employer and which law you are invoking. Title VII applies to employers with 15 or more employees. The New York State Human Rights Law applies to employers with four or more employees. Importantly, the New York City Human Rights Law applies to employers with four or more employees as well, and its definitions and protections are among the broadest of any anti-discrimination law in the country. Even workers at relatively small businesses in Brooklyn have meaningful legal protections.

Can I bring a national origin discrimination claim if I am an undocumented worker?

Yes. Federal and New York law protect workers from discrimination regardless of their immigration status. The fact that a worker is undocumented does not give an employer the right to discriminate. The remedies available may differ in some circumstances, but the fundamental right not to be discriminated against based on national origin applies. Workers in this situation should speak with an attorney about how to proceed in a way that addresses both the discrimination and any related concerns.

What kind of compensation can I recover in a national origin discrimination case?

Recoverable damages can include lost wages and benefits from the time of the discriminatory act, front pay if reinstatement is not appropriate, compensation for emotional distress, and attorneys’ fees in successful cases under the New York City Human Rights Law. Punitive damages may be available in cases where an employer engaged in particularly egregious conduct. The New York City Human Rights Law is widely regarded as offering the most expansive remedies of any municipal anti-discrimination law in the country.

What if my coworkers were the ones discriminating against me, not my supervisor?

An employer can be liable for coworker harassment when management knew or should have known about it and failed to take prompt corrective action. If you reported the harassment to HR or to a supervisor and nothing was done, or if the harassment was so open and pervasive that management should have been aware of it, the employer bears responsibility. Document your reports and keep records of any responses, or lack thereof, from management.

How long does a national origin discrimination case typically take in Brooklyn?

Cases filed with the EEOC or the New York State Division of Human Rights can take one to several years to work through the administrative process before reaching a resolution or resulting in a right-to-sue letter. Cases filed directly in state court in Kings County or in federal court at the Eastern District of New York can take anywhere from one to several years depending on the complexity of the case, the court’s docket, and whether the matter settles before trial. Many cases resolve through settlement without going to trial. An attorney can give you a realistic sense of the timeline based on the specifics of your situation.

Can I be fired for hiring a lawyer or consulting with one?

Consulting with a lawyer is protected activity. However, if you have already filed a charge with the EEOC or the Division of Human Rights, or have made an internal complaint, you have stronger legal protections against retaliation. Retaliation after an employee engages in protected activity, which includes consulting legal counsel in connection with a complaint, is its own separate violation. Keep records of any change in how you are treated after you take steps to protect yourself.

Is there any benefit to reporting discrimination internally through HR before contacting a lawyer?

This is a nuanced question and the answer depends on your specific workplace and circumstances. Internal complaints can create a paper trail that helps your case, and some employers do take corrective action. However, internal complaints also put the employer on notice that you may pursue a claim, and some employers respond by building a paper trail of their own. Consulting a Brooklyn employment discrimination attorney before making any internal complaint can help you understand how to document it effectively and how the process is likely to unfold at your particular employer.

National Origin Discrimination Representation Across Brooklyn and the New York Metro Area

Mark David Shirian P.C. represents workers from across Brooklyn, including those living and working in neighborhoods such as Flatbush, Crown Heights, Sunset Park, Bay Ridge, Bensonhurst, Borough Park, Bushwick, Bed-Stuy, East New York, Canarsie, Flatlands, Sheepshead Bay, Coney Island, Brighton Beach, Greenpoint, Williamsburg, and Carroll Gardens. The firm also serves clients throughout the broader New York metro area, including workers in Staten Island, the Bronx, Queens, and Manhattan, as well as communities in Nassau County, Suffolk County, and Westchester. Whether you work in a Brooklyn hospital, a construction site along the waterfront, a warehouse in East New York, a restaurant in Park Slope, or an office tower in downtown Brooklyn near MetroTech, the legal protections available to you are the same, and the attorneys at this firm are prepared to enforce them.

Talk to a Brooklyn National Origin Discrimination Attorney About Your Situation

If something happened at your job that you believe was connected to where you came from, your accent, your ancestry, or your cultural background, speak with a Brooklyn national origin discrimination attorney before you decide whether or how to move forward. A confidential case evaluation costs you nothing and gives you real information about your options. The attorneys at Mark David Shirian P.C. have built this firm around representing people who have been treated unfairly, and they bring that same focus to every employment discrimination case they take on.

Contact Mark David Shirian P.C. to schedule your confidential case evaluation. The sooner you reach out, the more options you preserve.