What is “Language Discrimination”?

In today’s workplace, most people understand that discrimination based on race, gender, religion, or disability is illegal. However, one less talked-about but still serious form of discrimination is “language discrimination.” If you’ve ever felt like you were treated unfairly at work due to your language, accent, or communication, you may have experienced language discrimination. This form of discrimination is wrong and illegal.

Language discrimination in the workplace

Language discrimination occurs when an employer treats an employee unfairly based on the language they speak, their accent, or even the way they use words and phrases. Although Title VII of the Civil Rights Act of 1964 does not specifically prohibit “language discrimination,” such discrimination may be indicative of national origin discrimination because language is often closely tied to a person’s cultural background or country of origin.

In the United States, Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate based on national origin. Under this law, employers can’t base hiring, firing, pay, promotions, or other employment decisions on language or accent unless there’s a clear business reason to do so.

What are some examples of language discrimination?

Language discrimination in the workplace can take a variety of forms – here are some common examples.

• Some employers have rules requiring employees to speak only English in the workplace. While there are situations where this might be necessary, these policies can be illegal if the employer does not have a valid business reason for them.
• Treating employees unfairly because of their accents is another common form of language discrimination. If your accent doesn’t prevent you from performing your job duties well, your employer shouldn’t punish you.
• Employers sometimes require employees to possess a certain level of English fluency. This is generally permissible if the job requires it, but it could be considered discrimination if it’s not necessary for job performance.
• If you speak another language at work, even just on breaks, and are treated differently or face criticism, it may be a sign of language discrimination. Employers generally can’t restrict you from speaking your native language if it doesn’t interfere with your job.

Are English-only policies ever allowed?

English-only policies might sound discriminatory, but there are certain cases where they might be allowed. For example, an English-only rule might make sense if your job requires communication with English-speaking customers or coworkers.

There are some situations where English-only policies might be legal. For example, if employees need to communicate clearly during emergencies, an employer may have a valid reason for enforcing an English-only rule. Or, if employees work closely together and need to communicate quickly to remain efficient, an English-only rule might make sense.

However, without a legitimate reason, English-only policies could be a way to target certain groups of employees unfairly. If you’re being told not to speak your native language during breaks or in casual conversations that don’t affect your work, this policy could be seen as discriminatory.

What about discrimination based on my accent?

Accent discrimination happens when an employer treats an employee differently or poorly because of how they sound. An accent is a natural part of your identity, and it shouldn’t affect your job opportunities or treatment at work unless it significantly interferes with your job performance. An employer cannot base hiring, firing, or promotions solely on an accent unless it makes it so you cannot perform the job.

For example, if you work in customer service and your customers have a hard time understanding you, it might be a case for requiring clear communication. However, in general, minor issues like occasionally needing to repeat yourself don’t justify discriminatory treatment. If an employer makes employment decisions based on a customer’s dislike of an accent or if coworkers feel uncomfortable because of your accent, that’s not a valid reason and could be illegal.

Are employers allowed to require English fluency?

Sometimes, jobs require employees to have a certain level of English fluency. This is allowed if the job requires it. For example, if your job involves talking to English-speaking customers, reading or writing in English, or following written instructions in English, English fluency might be required. However, if the job doesn’t require high-level English, requiring it could be a form of discrimination.

Say you work in a position that doesn’t involve much communication, like in a factory or warehouse. It could be unnecessary and discriminatory if your employer suddenly requires all employees to be fluent in English. Your employer must ensure that language fluency requirements are directly related to job duties. Otherwise, they might be violating your rights.

What should I do if I suspect language discrimination?

If you think you’re facing language discrimination at work, the employment law attorneys at Buckley Bala Wilson Mew want you to know you have options. Consider taking these steps:

• Document everything. Keep careful records of incidents where you felt targeted because of your language, accent, or English fluency. Save emails, write down details of conversations, and collect any other pertinent evidence.
• Know your rights. Under Title VII, you have protections against discrimination due to national origin.
• Speak to HR. If you feel comfortable doing so, consider talking to your Human Resources department or a supervisor about the issue. They may not realize their policy is unfair or discriminatory and may be able to work with you to find a solution.
• Contact an employment attorney. If you’re facing language discrimination and don’t feel comfortable handling it on your own, consulting with our Atlanta employment discrimination lawyers can be a good idea. We can help you understand your rights, guide you through your options, and assist in filing a complaint.

Filing a discrimination claim

If the discrimination persists, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC), the organization responsible for investigating workplace discrimination claims. This process typically starts with an intake interview, where you’ll explain what’s happening and provide the evidence you’ve gathered. The EEOC may investigate and help you reach a resolution or give you the go-ahead to pursue legal action if that’s what is needed to stop the discrimination.

If you’re dealing with language discrimination, understand that you don’t have to go through it alone. The Atlanta employment law attorneys at Buckley Bala Wilson Mew can help you push back against unfair treatment. Speaking to us can be a helpful first step in exploring your options. We can guide you in finding the best approach to your situation. Language discrimination is illegal, and you deserve a fair, respectful workplace. We can help. Call or fill out our contact form to schedule a confidential consultation today.