Language Discrimination Language discrimination is a subset of national origin discrimination. Language discrimination refers to the unfair treatment of an individual based solely upon the characteristics of their speech; such as, accent, size of vocabulary, and syntax. It can also involve a person’s ability or inability to use one language instead of another. Because language discrimination is a form of national origin discrimination, the same body of law prohibits it. This type of discrimination generally makes it illegal to prefer one language over another, though there are many exceptions. The driving force behind the illegality of language discrimination is whether or not an individual was hired, fired, or required to speak one language over another for a discriminatory purpose. For more information about national origin discrimination,  national origin discrimination.   1. What is language discrimination? Language discrimination is the unfair treatment of an individual solely because of their native language or other characteristics of speech, such as accent, size of vocabulary, and syntax. Language discrimination does not include discrimination based upon an individual’s appearance, but rather focuses upon the style of speech used by an individual. This is not to say that discrimination based upon appearance is illegal, for more information on that please see our pages on national origin discrimination, dress codes, and religious discrimination. Below are some real world examples of language discrimination: You have worked at a company for several years, while on break you are talking with other Chinese coworkers, you usually speak in Cantonese. Your company recently announced a “speak-English-only” policy, and your supervisor has told you not to ever speak Cantonese to your coworkers while at work. A new customer service position opens up in your company. You apply for the job because it pays a higher salary and more regular work hours. Even though you are fluent in English, you are told by the supervisor that you cannot be considered for the position because you speak with a Spanish accent. Another employee who speaks with a British accent is interviewed for the position. English is not your native language, although you are proficient in English and have no difficulty doing your job as a computer programmer. On your last performance review, you received high marks in every area except communication skills. When you ask your supervisor the reason for your low marks, which prevent you from getting a merit raise, you are told the reason is your English skills, even though your job rarely requires you to communicate with coworkers or the public. 2. Is language discrimination illegal, and if so, which federal laws cover language discrimination? Title VII of the Civil Rights Act of 1964 are federal laws that protects individuals from discrimination based upon national origin and race. Some courts and government agencies have said that discrimination based on language is a form of national origin discrimination because primary language is closely related to the place a person comes from. So if you are being discriminated against for using your native language, or because of characteristics having to do with that language, it may be considered the same as if you were being discriminated against because of your national origin. This area of the law is still developing, however, so you should also consult with a local attorney for more information. 3. Can I be asked to take an English test in order to be hired? Your employer or potential employer can test your English proficiency (ability to speak or write in English) as long as it tests all applicants. If the employer or potential employer denies someone an employment opportunity because of English proficiency, the employer must show a legitimate, nondiscriminatory reason. Whether or not it is illegal to use the English test will depend on the qualifications of the employee, the nature of the position, and whether the employee’s level of English proficiency would have a negative effect on job performance. Requiring employees or applicants to be fluent in English may violate the law if the rule is not related to the requirements of the position or job performance, and it appears that the rule was adopted to exclude individuals of a particular national origin. The Equal Employment Opportunity Commission (EEOC), which is the federal agency that interprets and enforces the laws prohibiting discrimination, has pointed out that the degree of fluency required varies from job to job, even within the same company. This implies that blanket fluency requirements might be illegal, for example, the level of fluency expected from the customer service department is not necessarily the same as that expected from warehouse workers. These rules also apply when a job requires fluency in a language other than English. For example, a company that has a substantial amount of customers who speak only Hindi could legally require that employees who interact with those customers also speak Hindi. 4. Can my employer treat me differently for speaking with an accent? Treating an employee differently based on accent is problematic if it is unrelated to job performance – especially if the accent does not obstruct their ability to communicate in English.  Preference for a particular type of accent may also violate the law. For example, if a candidate with a British accent is favored for a receptionist position, while candidates with Cantonese or Spanish accents are rejected, the employer may have engaged in unlawful discrimination by showing a bias against the accent associated with some national origins, but not against others. 5. Can my employer discriminate against me for not communicating well in English? Similar to employees who speak with accents, an employer must show a legitimate, nondiscriminatory reason to deny you of an employment opportunity because of proficiency (how well you speak or write) in English. Whether or not it is illegal to discriminate against you will depend on your qualifications, the nature of the position, and whether your level of English proficiency would have a detrimental effect on your job performance. Requiring employees or applicants to be fluent in English may violate Title … Continue reading Language Discrimination