National Origin Discrimination
National origin discrimination means treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also means treating someone less favorably because of marriage or other association with someone of a particular nationality.
Unless performance is materially affected, decisions cannot be based on a person’s accent or language proficiency. The University’s Instructional Communication policy does not impose across-the-board restrictions on all faculty who did not learn English as a primary language; but it does require that faculty who teach undergraduate classes must have sufficient English language ability to be understood by students.
Citizenship requirements, if they have the ‘purpose and effect’ of discriminating on the basis of national origin, are also prohibited. An exception is made under immigration law for the purpose of complying with government contracts; thus, the university may require applicants for a position funded by a Department of Defense grant, for example, to be U.S. citizens if the contract so requires.
Harassment that is sufficiently severe, pervasive or persistent that it interferes with employment or educational rights is a form of national origin discrimination. Lesser levels of harassing behavior may be subject to the University’s Positive Work and Learning Environment policy.