To be considered national origin harassment, which of the following statements is correct?
A The harassment victim’s native language must not be English.
B The harassment is based on birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
C The harassment victim must be a member of a recognized Native American tribe.
D The harassment must be committed by someone who is a citizen of the United States.
The correct answer and explanation is:
The correct answer is:
B. The harassment is based on birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
Explanation:
National origin harassment refers to harassment that occurs due to someone’s birthplace, ancestry, culture, or linguistic characteristics that are typically associated with a specific ethnic group. This type of harassment can involve any behavior that creates a hostile, intimidating, or offensive environment for the victim. The harasser might make derogatory comments, jokes, or even engage in more severe forms of mistreatment due to the victim’s national origin or associated characteristics. These characteristics could include a person’s accent, the language they speak, or assumptions made about their ethnicity or national origin based on their appearance.
This form of discrimination is protected under civil rights laws, such as Title VII of the Civil Rights Act of 1964 in the United States, which prohibits employment discrimination based on race, color, religion, sex, and national origin. Under these laws, the harassment does not need to be based on the victim’s citizenship or whether they speak English fluently. The focus is on the characteristics that relate to their ethnic or national group.
It is also important to note that national origin harassment can affect anyone, regardless of their citizenship status or whether they are a member of a specific indigenous group like Native Americans. The victim’s national origin or cultural heritage, rather than their citizenship, is the key factor in identifying and addressing harassment under this category.
In contrast, options A, C, and D introduce irrelevant conditions like language or citizenship, which do not define national origin harassment. The critical aspect is the harassment based on the individual’s ethnic, cultural, or national background.