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United States law protects a person’s right to live a life free of discrimination. Personal characteristics, like your culture, religion, origin, and race, can’t be used against you in the workplace, whether you’re simply applying for a position or already employed by a company. But, what about your language? Sometimes, English-language fluency policies can be considered discriminatory. Find out when this is the case.

When English Language Skills Are Legally Justified

In many cases, a job legitimately requires a person to be fluent in English to perform their work effectively; this is legal. For instance, a call center employee or 9-1-1 operator should speak fluent English and not have an accent that makes it difficult for them to be understood

The degree of fluency that the Equal Employment Opportunity Commission deems necessary to perform a job varies from one position to the next. There can even be differences within the same company. For instance, while a customer service agent might need flawless English, the same isn’t true for a stockroom worker.

How English-Only Rules Can Be Abused

discriminationUnfortunately, some employers may try to use language requirements as a means of discrimination. For instance, insisting applicants to a job speak perfect English could be a means of weeding out people with immigrant backgrounds. Selective application of English-language requirements is also illegal—for instance, if mother-tongue Mandarin speakers but not Spanish speakers are admitted.

The bottom line is that English-only rules can’t be motivated by discriminatory intent. If you suspect that a potential or current employer is using English-only rules as a means of discrimination, contact an attorney. Bring any documentation you may have, such as a letter saying you didn’t get a job because your English wasn’t good enough. They can assess your situation and determine whether you have a case.

 

For legal counsel regarding a potential workplace discrimination case in Honolulu, HI, trust Charles H. Brower Law Corporation. With over 40 years of experience, they have the knowledge needed to give you the honest insights you want. Their comprehensive array of practice areas includes everything from wrongful termination to work injuries. To request an appointment, contact them online or by calling (808) 526-2688. 

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