Los Angeles Employment Lawyer

Linguistic Factors in National Origin Discrimination

Though also prohibited by Title VII of the Civil Rights Act of 1964, national origin discrimination is arguably less publicized than some other forms of discrimination, such as race or gender discrimination. For this reason, and possibly due to the ambiguous nature of the term “national origin,” many people fail to see a meaningful distinction between national origin discrimination and discrimination on the basis of race.

Linguistic factors often play a key role in national origin discrimination, which is sometimes described as discrimination based on an individual’s birthplace, ancestry, cultural appearance or beliefs, or language characteristics.

Accents and Discrimination

Although national origin is often confused with race, the reality is that people from a specific country or region tend to have characteristics independent of their racial background. A Chinese man who grew up in France, for example, would most likely participate in French culture and speak other languages with a French, not a Chinese, accent.

Accents are often at the heart of national origin discrimination because they are so noticeable to native speakers. Though a Mexican immigrant may not look particularly foreign, his heavily-accented speech would be a dead giveaway – and sometimes also a catalyst for prejudicial treatment from employers. A policy which requires employees to speak only English, for example, could be construed as discriminatory against foreigners.

However, employment law does provide a recourse for employers who must impose linguistic requirements for legitimate reasons. An employer may, for example, require that a sales associate in a predominantly English-speaking area be able to speak fluent, unaccented English as a bona fide occupational qualification.

If you have suffered discrimination because of your national origin, contact Los Angeles national origin discrimination lawyer Perry Smith at 888-356-2529.