Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.
Thank You
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 hours by:
1/17/2018
N Cal Attorney
Category: Employment Law
Satisfied Customers: 9,720
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: 9,720
Experience: Since 1983
Verified
N Cal Attorney and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney
N Cal Attorney, Lawyer
Category: Employment Law
Satisfied Customers: 9,720
9,720 Satisfied Customers
Experience: Since 1983

N Cal Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have an incident of racial discrimination and religious
I have an incident of racial discrimination and religious discrimination at workplace … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I hope so. My employer, i believe, has discriminated against
I hope so. My employer, i believe, has discriminated against me because I have a broken foot, am using crutches, and cannot drive, but they wanted to make me get to work every day, and I live over 60 … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How can I sue against violence? Only with managers. I don't
Hi JA: Hello. How can I help? Customer: How can I sue against violence? JA: Was this discussed with a manager or HR? Or with a lawyer? Customer: only with managers JA: Is the workplace "at will" or un… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am pro se plaintiff in a discrimination lawsuit. the
I am pro se plaintiff in a discrimination lawsuit. the defendant and i just completed our joint joint conference report. the lawyer ask me what amount money would it take to settle this and put it to … read more
Ray
Ray
Lawyer
Doctoral Degree
32,629 satisfied customers
I have a question about an employer showing discrimination
I have a question about an employer showing discrimination to education and age. I have worked for this employer for 11.5 years. He has give people with less experience, more pay and starts them with … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I filed a discrimination complaint with the EEOC and DFEH
I filed a discrimination complaint with the EEOC and DFEH and received right to sue letters. The EEOC letter expired, the DFEH letter expires soon. I am considering filing a lawsuit without an attorne… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have filed an age discrimination complaint with EEOC. The
I have filed an age discrimination complaint with EEOC. The EEOC has referred the complaint to mediation. Am I giving up any rights if I participate in mediation? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it considered discrimination if my employer disciple me
is it considered discrimination if my employer disciple me on numerous occasion for not following policy and procedure but let two other individuals of a different race not follow the same policy and … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
737 satisfied customers
I was being discriminated at my workplace. Not receiving
I was being discriminated at my workplace. Not receiving yearly review while others had yearly reviews and pay increases. My position as manager was being suppressed by upper management and I had no v… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Wanted to know of of good lawyer in NM for discrimination of
Wanted to know of of good lawyer in NM for discrimination of a Vet who because of his PTSD has been mistreated in the work place. Would like a lawyer who has experience in defending Veterans rights. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,560 satisfied customers
My son was discriminated against for his seizure condition
My son was discriminated against for his seizure condition at work … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have some very serious Harassment & Discrimination issues
I have some very serious Harassment & Discrimination issues that involve possible Union Corruption, Union Collusion with the Company, Unions Direct Failure to Represent regarding Contract Issues, Wage… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it possible to prove “reverse” discrimination? All labs
Is it possible to prove “reverse” discrimination? All labs in Southern CA are predominantly Philipino. I am being targeted by a band of 3. I'm Caucasian. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Is it age discrimination when your told to look through the
Is it age discrimination when your told to look through the eyes of a milenimum as your a baby boomer? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Can you help with discrimination on the job. And been fired
Can you help with discrimination on the job. And been fired for hurting the owners feeling. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
737 satisfied customers
I am currently in the process of a discrimination and
Hello - I am currently in the process of a discrimination and retaliation complaint against my employer. At this stage, the complaint is being handled through the Michigan Department of Civil Rights. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
We are in the settlement phase of a discrimination case with
We are in the settlement phase of a discrimination case with my employer through Div of human rights. I am presently on Ltd through this employer . Do I need to report the monetary settlement amount t… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Is it considered discrimination if myself as a manager who
Is it considered discrimination if myself as a manager who is fully qualified for the GM position with a great success rate for the company get passed up by a newly hired supervisor who knew the curre… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x