Hostile Work Environment Based on Immigration Status: When Coworkers Target You for Your Background

Harassment sometimes centers on a worker’s background. Remarks about visas or questioning where a person “belongs” quickly change the atmosphere of a workplace. These incidents create pressure to stay silent out of fear that speaking up could affect their job.

Our legal team at Brandon J. Broderick has seen how immigration-related workplace issues develop. It begins with jokes or offhand comments and later escalates into exclusion, intimidation, repeated questioning, and threats. Once conduct begins to affect daily working conditions, employers are expected to intervene and stop it.

When harassment at work targets immigration status and continues over time, it qualifies as a hostile work environment under New Jersey anti-discrimination law.

In this guide, we’ll discuss how harassment claims are evaluated under state and federal law, what conduct exposes employers to liability, how workplace complaints are examined, and when to contact a hostile work environment lawyer in New Jersey.

National Origin Harassment at Work: When It Creates a Hostile Environment in NJ

Harassment rarely begins with a formal dispute. It starts with comments or rumors about someone’s background. 

Employment law focuses on whether conduct becomes severe or persistent enough to create an abusive atmosphere. Courts refer to this as a hostile work environment. Offensive behaviour becomes unlawful when repeated behavior disrupts someone’s ability to work or creates an atmosphere of intimidation.

Immigration-related harassment often overlaps with national origin discrimination. Both federal and state law prohibit workplace misconduct tied to ancestry, ethnicity, or language. Many incidents fall into one of these categories:

Incidents often involve situations such as:

• coworkers repeatedly joking about deportation
• threats to report someone to the authorities
• mocking someone’s accent or ability to speak English
• spreading rumors about a person’s legal status
• refusing to work with someone because they are “foreign”
• comments suggesting some people don’t belong in the workforce

A single remark rarely creates a legal claim. Systematic comments or exclusion create a pattern. Repeated misconduct alters workplace conditions. Employees often describe feeling targeted during meetings, breaks, or everyday conversations.

Harassment doesn’t require proof of someone’s status. Workers face abuse based on assumptions about ethnicity, nationality, or language. If coworkers treat someone differently because they believe the person is an immigrant, the law still recognizes it as discrimination.

What Courts Say About Supervisor Harassment and Employer Responsibility In New Jersey

A supervisor’s comments carry more weight than casual coworker remarks. Managers control schedules and job assignments. When misconduct comes from someone with authority, courts view the situation more seriously:

Faragher v. City of Boca Raton (1998) — The Court held that employers can be held liable when a supervisor’s conduct creates a hostile work environment.

Burlington Industries v. Ellerth (1998) — The Court explained that employers may be responsible when supervisors misuse their authority to harass or punish employees.

Meritor Savings Bank v. Vinson (1986) — The Court recognized that the power imbalance between supervisors and employees can shape how workplace harassment develops.

Harassment often also takes the form of coercion. At Brandon J. Broderick, we have seen cases where threats involving immigration status are used to demand sexual favors or other personal concessions. 

Sometimes, harassment comes from non-employees, like delivery drivers, customers, vendors, or contractors. Workers in restaurants and service industries often face unwanted advances or inappropriate comments.

Employers still have a duty to address misconduct if they know it’s happening and fail to act. Courts have applied this principle in Lockard v. Pizza Hut, Inc. (10th Cir. 1998), where an employer was held liable after a waitress was sexually harassed by customers and management failed to protect her. 

Speaking with a local New Jersey attorney about a hostile work environment can help employees understand how harassment laws affect their rights and potential claims.

New Jersey Laws Protecting Workers From Harassment Based on Immigration Status

Workers in New Jersey receive protection from several overlapping laws. These protections apply regardless of immigration status in many situations.

Title VII of the Civil Rights Act of 1964 prohibits bias based on national origin. Employers with 15 or more employees must follow these rules. The Equal Employment Opportunity Commission enforces the law and investigates workplace harassment claims.

The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination based on characteristics such as race, ancestry, national origin, gender, disability, religion, and other protected traits. 

The hostility can appear through subtle microaggressions. Repeated jokes, slurs, remarks, or threats often connect to national origin discrimination. These protections cover harassment aimed at immigrants. When those comments continue despite complaints, employers risk legal liability.

Another federal statute, the Immigration Reform and Control Act (IRCA), addresses employment practices. Employers must verify that workers are authorized to work. The law also bars discrimination based on citizenship status during hiring.

Managers often threaten workers after disputes about wages, overtime, or safety conditions. Employees who are believed to be immigrants are asked to provide extra documentation or are paid different overtime rates than other workers doing the same job. 

New Jersey agencies also protect workers through labor enforcement. The New Jersey Department of Labor investigates wage violations and workplace complaints. Workers still receive protection when they report unpaid wages or unsafe conditions.

Employers must also respond to complaints. Once management becomes aware of harassment, it must investigate and take corrective action. Ignoring complaints or dismissing them as workplace tension exposes companies to legal risk.

Employers reduce liability by investigating complaints quickly and disciplining employees who create hostile conditions. Companies that fail to act after receiving complaints face the most serious legal exposure.

Employers must also respond when complaints arise. Once management becomes aware of harassment, it has a duty to investigate. From our experience, complaints that go ignored or delayed lead to the most serious disputes. Employers reduce liability when they investigate concerns promptly and discipline employees who create hostile conditions.

How National Origin Harassment Can Create a Hostile Workplace in New Jersey

Coworker comments sometimes begin as casual remarks about language or culture. A worker becomes the subject of jokes about pronunciation or background. When others laugh and repeat the behavior, the ridicule becomes normalized.

Toxic workplace cliques make the situation worse. When several employees participate in jokes or rumors, harassment feels constant. Targeted workers describe walking into break rooms where coworkers fall silent or make sarcastic remarks. Workers sometimes hear statements such as:

• “Maybe someone should call immigration.”
• “You'd better keep quiet if you want to stay here.”
• “You really don’t want anyone checking your paperwork.”

Some industries see these problems more often because of their workforce demographics. Construction, hospitality, agriculture, warehouse operations, and cleaning services employ many immigrant workers. Language barriers and temporary work arrangements can make it harder for employees to report problems.

Economic pressure also plays a role. Workers supporting families or sending money home often hesitate to report misconduct. Employers or coworkers exploit this fear. Once this behavior is normalized, employees lose trust in management. Workers begin avoiding shared spaces or meetings to escape hostility.

Protecting Yourself from Harassment and Abusive Work Environments in New Jersey

Workers facing immigration-related harassment often feel unsure how to respond. Many worry about retaliation and consequences. From our experience building workplace cases, early documentation and timely action make a difference. Keeping records of what happens can provide powerful evidence.

Documenting incidents is the first step. Written records create a timeline. Notes should include dates, locations, names of witnesses, and a description of what occurred. Emails and messages can help support the record of what happened.

Internal reporting represents the next step. Many companies maintain complaint procedures through supervisors or human resources departments. Reporting creates a record and allows the employer to address the hostility.

If the situation isn’t resolved internally, workers can file complaints with the New Jersey Division on Civil Rights or the Equal Employment Opportunity Commission. These agencies review the information and interview witnesses to determine whether a violation occurred.

In 2024, the EEOC announced nearly $700 million recovered for victims of workplace discrimination, the highest amount in the agency’s history. More than $469 million of that total went to thousands of workers.

Workers generally have two years to file a lawsuit under the NJLAD. Administrative complaints through government agencies follow separate deadlines. Waiting too long risks losing the ability to pursue a claim.

When Legal Guidance Becomes Important

Legal guidance often becomes important when microaggression continues, internal complaints are ignored, or retaliation begins. A lawyer can examine workplace policies and determine which laws apply to the situation.

Immigration-related harassment cases sometimes involve multiple legal protections working together. National origin discrimination laws and retaliation protections apply depending on the circumstances.

Speaking with an experienced attorney can help workers understand their options and decide on the next steps. Legal advice also helps employees protect their rights while continuing to work or preparing to pursue a formal claim.

If coworkers or supervisors target you because of your background, you don’t have to face the situation alone. 

Contact us for a free consultation and case evaluation.