Language Proficiency and National Origin Discrimination


Statistically, a newcomer's level of English proficiency is one of the biggest predictors of financial success in this country. It is important for those who assist newcomers with employment issues also be aware of local adult ESL educational opportunities. Yet, regardless of an immigrant's current level of language proficiency, they need to be able to find work.
If a job applicant's level of English proficiency is insufficient to perform a job's duties, an employer will naturally be unwilling to hire them. However, if an employer, perhaps based on feelings of nationalism about the English language, unnecessarily eliminates a person from consideration for a job that they are able to perform, they are committing a form of national origin discrimination, which is prihibited under Title VII of the Civil Rights Act of 1963.
The are several common categories of national origin discrimination related to language:
  • Accent discrimination - An employment decision based on an applicants accent needs to take into account both the severity of the accent and the specific duties required for the position. Employers should distinguish between a merely discernible foriegn accent and one that interferes with communications skills needed for job duties. It is not sufficient to show that there are customers
  • English fluency requirements - Similarly, employers should not have broad fluency requirements that apply across all departments and positions, but rather for each position should consider the level of language ability necessary. Many positions that involve work where little explanation is required should have little or no language requirement at all.
  • English-only policies - After hiring decisions are made, employers should not develop English-only requirements for the workplace unless they are able to show that such policies are necessary for reasons of safety or efficiency.

As you deal with non-native speakers who are seeking employment, we recommend the following:

  • For clients with very limited levels of English, encourage them to take the long view, accepting positions where their level of English is sufficient for job duties, while at the same time working hard to improve their English so they will be ready for other better positions in the future.
  • For clients who have achieved a certain level of spoken fluency, talk to them about how to market themselves when searching for employment. They should emphasize the fact that they are bilingual and may be able to draw in new clients because of their language ability, rather than the fact that their English is less than perfect.
  • Make sure your clients know about their rights under the law, and whom they can contact should they face national origin discrimination. One way to do this is by scheduling a NEER employment training at your site.

If you hear about any cases where employers are committing national origin discrimination, or wish to discuss whether actions are legal, you can contact the NEER program or the Office of Special Counsel at the numbers provided above.

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