South Carolina National Origin Discrimination Lawyer
Employees in South Carolina have the right to work in our state without facing discrimination on the basis of their national origin. Title VII of the Civil Rights Act prohibits discrimination, harassment, and retaliation on the basis of where you were born, whether in a foreign country or even here in the United States. In fact, in February 2026, a Greenville federal jury just hit BMW with a $5.1 million verdict for discriminating against an American employee in favor of a German employee. South Carolina juries take national origin discrimination seriously, and so should employers.
At Summerlin Law, I represent employees—not employers—in workplace discrimination, harassment, and retaliation cases throughout South Carolina. If you believe you have been treated unfairly because of your national origin, I can help you understand your legal rights and options.
What Is National Origin Discrimination?
National origin discrimination occurs when an employer treats an employee or job applicant unfavorably because of their country of origin, ancestry, ethnicity, accent, or perceived ethnic background. Specifically, Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against employees because of national origin.
These protections apply to employees of all nationalities, including American-born workers. For example, an employer generally cannot favor German employees over American employees—or American employees over Mexican employees—simply because of their national origins. Discrimination may also occur when an employer treats someone differently because of their association with a person of another nationality, such as a spouse.
National origin discrimination can take many forms, and it is not always obvious. Examples of potentially unlawful discrimination include:
- Refusing to hire someone because they were born in another country.
- Denying promotions or advancement opportunities because of an employee’s nationality or ethnicity.
- Paying employees differently because of their national origins.
- Favoring employees from one country over equally qualified employees from another.
- Disciplining or terminating employees because of their accents or cultural backgrounds.
- Making offensive comments about an employee’s ancestry, ethnicity, or country of birth.
- Imposing discriminatory English-only workplace rules.
- Retaliating against employees who complain about national origin discrimination.
An employer does not have to openly admit discriminatory motives to violate the law. Sometimes discrimination becomes apparent through patterns of unequal treatment, suspicious explanations for employment decisions, or comments made by supervisors.
Can My Employer Discriminate Against Me Because of My Accent?
Generally, no. An employee’s accent is often closely connected to their national origin, and federal law prohibits employers from making employment decisions based on accents unless the accent materially interferes with the employee’s ability to perform the job. For example, an employer may legitimately require effective spoken English communication for certain positions. But an employer cannot simply refuse to hire or promote someone because a supervisor dislikes their accent or assumes customers will react negatively to it. Similarly, workplace rules requiring employees to speak only English may violate federal law when they are discriminatory or lack sufficient business justification.
If your employer has criticized your accent, restricted your language use, or treated you differently because English is not your first language, you may have a national origin discrimination claim.
National Origin Harassment and Hostile Work Environments
National origin discrimination does not always involve termination, demotion, or a failure to promote. Sometimes, it takes the form of ongoing harassment in the workplace. Employees may experience offensive jokes about their nationality, ethnic slurs, mocking of their accents, or derogatory comments about their ancestry or cultural backgrounds. In some cases, supervisors or coworkers repeatedly tell employees to “go back to their country” or make offensive assumptions based on where an employee or their family comes from.
Under Title VII, harassment based on national origin can violate federal law when it is sufficiently severe or pervasive to create a hostile work environment. An isolated offensive remark will not necessarily establish a legal claim. But repeated harassment, threatening conduct, or particularly serious incidents may cross the line into unlawful discrimination. Employers can also face liability when they know about national origin harassment and fail to take appropriate corrective action.
If you are experiencing harassment because of your nationality, ancestry, ethnicity, or accent, you may have a claim even if you have not been fired or suffered a reduction in pay.
Retaliation for Reporting National Origin Discrimination
Federal law also prohibits retaliation against employees who report unlawful national origin discrimination or participate in an investigation. Unfortunately, employees who speak up sometimes find themselves facing new problems at work. The most common example I see is when a worker who previously received positive performance evaluations suddenly receives disciplinary write-ups. Another employee may be transferred, demoted, denied opportunities, or terminated shortly after complaining about discriminatory treatment. [Read more: What is Unlawful Retaliation for South Carolina Employees?]
Title VII of the Civil Rights Act is clear–an employer cannot lawfully punish an employee for engaging in protected activity, such as making a good-faith complaint about national origin discrimination. [Read more: What is a Protected Complaint for SC Employees?] Even when the underlying discrimination claim is difficult to prove, the employer’s response to a complaint may support a separate retaliation claim, claims which sometimes can be better and stronger than the underlying claim. For anyone experiencing retaliation, make sure you take notes, preserve emails and documents that are related to the retaliation, and make sure all complaints about the retaliation are done in writing.
What Should I Do If I Experience National Origin Discrimination?
Similarly, if you believe you are experiencing discrimination because of your national origin, there are steps you can take to protect your rights. Document what happened, including dates, witnesses, discriminatory comments, and employment decisions that appear unfair and discriminatory. Preserve relevant emails, text messages, performance evaluations, and other records you can lawfully retain.
If you report discrimination to Human Resources or management, consider making your complaint in writing (preferably from your personal email) so there is a record of what you reported and when.
Before resigning, signing a severance agreement, or taking other significant action, consider speaking with an employment lawyer. These decisions can affect your potential claims. [Read more: Negotiating Severance Agreements for SC Employees]
Don’t wait too long to seek legal advice. In South Carolina, employees generally have 300 days to file a Charge with the Equal Employment Opportunity Commission (EEOC) for covered national origin discrimination claims. [Read more: What is the Deadline to File an EEOC Charge in South Carolina?]
Compensation for National Origin Discrimination
Employees who experience unlawful national origin discrimination may be entitled to legal remedies. Depending on the circumstances, employees can recover lost wages and benefits, compensation for emotional distress, reinstatement or other equitable relief, punitive damages, and attorney’s fees.
These damages are not just theoretical, as South Carolina juries have recognized the seriousness of national origin discrimination. In February 2026, a federal jury in Greenville returned a $5.1 million verdict against BMW in a national origin discrimination case involving a former human resources manager. [Read More: Greenville Jury Issues $5.1 Million Verdict Against BMW for National Origin Discrimination] Although the court subsequently reduced the compensatory and punitive damages award to $300,000 under federal statutory limits, the court also awarded hundreds of thousands of dollars in attorney’s fees and back pay. [Read more: After $5.1 Million Verdict, Judge Orders BMW to Pay Additional $390,000 in Back Pay] [Read more: BMW Ordered to Pay Additional $410,000 in Attorney’s Fees and Costs for $5.1 Million Verdict Case]
Every case is different, and a substantial verdict in one case does not guarantee a similar outcome in another. But the case demonstrates that even South Carolina’s largest employers can be held accountable when they violate federal discrimination laws.
Speak With a South Carolina National Origin Discrimination Lawyer
You should not have to worry that your nationality, ancestry, or cultural background will cost you your job or prevent you from advancing in your career. If you believe your employer discriminated against you because of your national origin, subjected you to unlawful harassment, or retaliated against you for speaking up, contact Summerlin Law. I represent only employees throughout South Carolina who have experienced unlawful discrimination, workplace harassment, and retaliation.
Employment law is what I do. As a Greenville employment lawyer with more than a decade of experience, I understand the evidence necessary to prove employment discrimination claims, the defenses employers commonly raise, and the importance of preparing cases for litigation. From my Greenville office, I represent employees throughout South Carolina, including Greenville, Spartanburg, Anderson, Columbia, Charleston, and surrounding communities. Whether you work for a large corporation or a smaller local employer, I can help you evaluate a potential national origin discrimination claim.
Call (864) 278-5389 or contact Summerlin Law online to discuss your situation and learn more about your legal options.
Meet Our National Origin Discrimination Lawyer

Jeremy Summerlin
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