Resources for Hispanic Americans in the Workplace: Your Guide to Rights and Support in 2026

Hispanic workforce participation has grown significantly over the decades, reflecting a broader trend of increasing diversity in the U.S. labor market. As of 2023, Hispanic Americans made up a substantial portion of the workforce, contributing to various sectors across the economy.

Despite these advancements, workplace discrimination remains a pressing issue, with studies indicating that a notable percentage of Hispanic workers reported experiencing discrimination based on their race or ethnicity. In this guide, we will delve into workplace rights for Hispanic Americans, provide examples of discrimination, outline steps to take if you encounter discrimination, and share valuable resources for further support.

Hispanic American Workplace Rights

Immigration attorney Elizabeth Ricci from Rambana Ricci, PLLC states, “Employers must adhere to federal and state laws prohibiting discrimination based on race or national origin.” Below, we explore the protections afforded to Hispanic Americans in the workplace.

Title VII of the Civil Rights Act of 1964

Under federal law, employers with 15 or more employees are obligated to comply with Title VII of the Civil Rights Act of 1964. This law prohibits discriminatory practices based on race, color, or national origin, including characteristics such as hair texture and complexion.

Discrimination can occur even when an employer treats someone unfavorably due to their spouse’s race, irrespective of the offending party’s race. Title VII extends protections beyond hiring and firing to include:

• Job advertisements;
• Recruitment;
• Testing;
• Application processes;
• Background checks;
• Job referrals;
• Job assignments and promotions;
• Transfer, layoff, or recall;
• Employee classification;
• Pay and benefits;
• Retirement plans and leave;
• Use of company facilities;
• Discipline;
• Employment references;
• Reasonable accommodation for disabilities;
• Reasonable accommodation for religious practices;
• Training and apprenticeship programs;
• Harassment;
• Terms and conditions of employment;
• Pre-employment inquiries;
• Dress codes;
• Other employment terms and conditions.

Retaliation against employees for reporting discrimination is also prohibited under Title VII.

State-Level Protections Against Workplace Racial Discrimination

Most states have enacted laws that mirror federal protections against race-based workplace discrimination. However, there are exceptions. For instance, Alabama lacks specific statutes protecting against race discrimination, requiring affected employees to file claims under federal law instead.

Examples of Discrimination Against Hispanic Americans in the Workplace

Discrimination occurs whenever an employer refuses to hire, excludes, or imposes conditions based on race, ethnicity, or national origin, violating both federal and often state laws. Here are some common examples:

1. Inquiries About Citizenship Status

   Employers may wrongly assume that individuals with Hispanic names or accents are unauthorized to work, leading to illegal questions about citizenship status. While job applications can ask if an applicant is authorized to work without mentioning citizenship, direct inquiries about citizenship are prohibited.

2. Imposing Irrelevant Requirements

   Employers must not set hiring criteria unrelated to job performance; for instance, requiring English proficiency tests for entry-level positions may be discriminatory.

3. Unequal Pay

   Employers cannot pay Hispanic employees less than others for the same work based on race, ethnicity, or national origin.

4. Mocking Accents

   While light-hearted teasing may be acceptable in some contexts, persistent mockery of an employee’s accent can lead to legal issues under discrimination laws.

5. Discriminatory Promotions

   Promotion decisions based solely on race, whether in favor or against Hispanic employees, breach Title VII regulations.

What Should Hispanic Americans Do When Experiencing Workplace Discrimination?

1. Stand Up for Your Rights

   If you believe you’ve faced discrimination, it’s crucial to advocate for yourself. The ACLU advises collecting documentation such as emails, messages, and application forms to support your case. Eyewitness accounts can also strengthen your claim.

2. Inform Your Employer

   Notify your employer of the discrimination, detailing dates, times, and the individuals involved. Highlight any discrepancies in treatment compared to other employees.

3. File a Report with the EEOC

   Submit a complaint to the EEOC, formally known as a “Charge of Discrimination.” You generally have 300 days to file, but this may reduce to 180 days if state law applies. Federal employees have only 45 days to file.

   You can file complaints through the EEOC’s Public Portal or by contacting their office for assistance.

4. Consider Legal Action

   Upon receiving a Notice of Right to Sue from the EEOC, you can file a lawsuit in state or federal court. If successful, you may be entitled to back pay, reinstatement, or other remedies.

Report Retaliation

If retaliation occurs after reporting discrimination, promptly inform the EEOC or your legal team to amend your case.

How Can Companies Avoid Workplace Discrimination Against Hispanic Americans?

Ensuring a discrimination-free workplace requires proactive measures tailored to each organization. Here are strategies companies can implement:

1. Promote Respect and Professionalism

   Acknowledge cultural differences and maintain professionalism in communication. Avoid engaging in discriminatory jokes or comments.

2. Document Policies and Procedures

   Establish and distribute clear anti-discrimination policies. Ensure all employees understand and adhere to them.

3. Engage Human Resources

   HR staff should be knowledgeable about anti-discrimination laws. Proper training on permissible interview questions is essential.

4. Provide Discrimination Training

   Regular training sessions can help employees understand legal responsibilities and foster a more inclusive workplace.

5. Encourage Reporting of Discrimination

   Promptly address incidents of discrimination and encourage employees to report any issues to HR or management.

What Does a Hispanic American-Friendly Workplace Look Like?

A diverse workplace can enhance performance and foster a culture of inclusivity. Companies should demonstrate commitment to diversity through initiatives that promote racial and ethnic equity, such as training programs and community outreach.

Interview Tips for Hispanic American Workers

Elizabeth emphasizes that interviewers cannot ask about your nationality or immigration status, as these inquiries are illegal. Maintain professionalism, including eye contact and confident responses. Research the company beforehand to ask informed questions during the interview.

Hispanic American Workplace Resources

• Equal Employment Opportunity Commission (EEOC) — The EEOC works to eliminate barriers to equal employment, supporting Hispanic outreach programs and providing essential resources.
• Congressional Hispanic Caucus Institute (CHCI) — Since 1978, CHCI has focused on issues affecting the Hispanic community, aiming to empower professionals.
• Society for Human Resource Management (SHRM) — SHRM advocates for better workplaces, addressing challenges faced by Hispanic employees.
• Hispanic Alliance for Career Enhancement (HACE) — HACE provides support and resources for Latino professionals seeking career advancement.
• Minority Business Development Agency — A division of the U.S. Department of Commerce dedicated to supporting minority businesses.

Author

Chris Kolmar

Chris Kolmar is a co-founder of Zippia and the editor-in-chief of the Zippia career advice blog. He has hired over 50 people in his career, been hired five times, and wants to help you land your next job. His research has been featured on the New York Times, Thrillist, VOX, The Atlantic, and a host of local news. More recently, he's been quoted on USA Today, BusinessInsider, and CNBC.