Most everyone knows that it is illegal to discriminate against an employee because of their race or national origin. However, many people assume this means discrimination based on the color of someone’s skin, but it can mean more than that.
If you have ever felt like you were talked down to or treated differently at work because of your accent, you could have experienced language discrimination. A co-worker or boss mimicking or making comments about your accent could also be a form of language discrimination.
What is language discrimination?
While language discrimination is not as widely known as other types of discrimination, such as race or gender, it is still a major form of discrimination. Language communication occurs when you are treated unfairly by an employer because of the language that you speak, your accent or the way you use certain words or phrases.
The Civil Rights Act of 1964 prohibits employers from discriminating against employees based on their national origin. Depending on the circumstances, language discrimination may be a form of national origin discrimination because language is often tied to someone’s country of origin or cultural background.
Language discrimination can come in various forms. Being treated unfairly at work for speaking another language or because of an accent could be discrimination, if neither prevents you performing your job duties.
What about English-only policies?
Some employers might require that only English be spoken in the workplace or require employees to have a certain level of English proficiency. These rules are not necessarily illegal.
Generally, if there is a valid business reason that makes it necessary for employees to speak English, an “English only” rule could be legal. Likewise, if the job requires employees to have a certain level of English proficiency to perform their job duties, an English proficiency requirement might be allowed.
If you suspect you are a victim of language discrimination, document everything and speak with your human resources department. If the situation continues, it could be time to pursue legal action.