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I live in Canada and I cross the US border to work in NY, my…

Hello I live in Canada and...
Hello
I live in Canada and I cross the US border to work in NY, my employer in NY is harassing me because he thinks I have no lawful rights because I live in Canada. Would I have grounds to sue for national origin discrimination and if so do you know of any Caselaw that would apply to my situation.
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Answered in 7 hours by:
1/17/2018
N Cal Attorney
Category: Employment Law
Satisfied Customers: 9,576
Experience: Since 1983
Verified

Thank you for your question.

I was unable to find a case that had the exact same facts that you described, but

https://ag.ny.gov/civil-rights/new-york-state-human-rights-law states:

"The NYS Human Rights Law makes it illegal for an employer to discriminate against an employee or job seeker because of his or her age, creed, race, color, sex, sexual orientation, national origin, marital status, disability, military status, domestic violence victim status, criminal or arrest record, or predisposing genetic characteristics.

It is unlawful for an employer to retaliate against any individual because she filed a complaint, opposed any unlawful practice, or testified or assisted in an investigation or proceeding.

The law applies to employers with four or more employees."

Discrimination in employment based on national origin is also illegal under U.S. federal law, see

https://www.eeoc.gov/laws/types/nationalorigin.cfm

So the answer is Yes, you can sue the employer for discrimination based on national origin.

You can get a free consultation from some of the NY employment discrimination attorneys listed by location here.

Please follow up on this with a local attorney, who can go over the facts with you in confidence and advise you of your options.

I hope this information is helpful.

N Cal Attorney
Category: Employment Law
Satisfied Customers: 9,576
Experience: Since 1983
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