National-Origin Discrimination Claims Under 42 U.S.C. Section 1981

Federal courts have held that employment discrimination based upon either national origin or citizenship is unlawful under 42 U.S.C. Section 1981.

To be actionable under Section 1981, the discrimination must be intentional.

It must also be based on an employee or applicant’s identifiable national origin or citizenship group and not on an associated characteristic like religion, language, or cultural traits associated with a particular national origin or citizenship group.