It is illegal for employers to treat employees differently, or less favorably, because of their race, religion, sexual orientation, age, disability, or any other protected characteristic. This includes language discrimination, which is considered a subset of national origin discrimination. In today’s diverse work environment, many employees come from different backgrounds and cultures and may speak multiple languages.
Too often, however, employees who have a heavy accent or speak their native language in the workplace are subjected to discriminatory behavior, simply because of the country they are from or the language they speak. This can cause employees to feel isolated, undervalued, and excluded. Knowing what language discrimination looks like can help employees take the necessary steps to ensure that their legal rights are protected and foster a more inclusive work environment.
If you have experienced language discrimination at work, it is highly recommended that you contact an experienced discrimination lawyer as soon as possible.
What Is Language Discrimination?
Language discrimination is the unfair treatment of an employee simply because of their native language or other characteristics of speech, including an accent, the size of their vocabulary, and their ability to effectively communicate in English. In most cases, language discrimination affects employees who speak English as a second language or who have noticeable accents that are connected to their nation of origin or cultural background. If employers have discriminatory language-related policies in place that exclude or disadvantage workers based on their language or nation of origin, this is considered discriminatory and prohibited by law.
What Are Examples of Language Discrimination?
Like other types of discrimination in the workplace, language discrimination can range from obvious or direct comments or actions to more subtle behaviors that are more difficult to prove. Either way, employers, supervisors, and colleagues are legally prohibited from discriminating against an employee as a result of their accident or fluency in English. The following are common examples of language discrimination:
- English-only policies. If your employer enforces policies that prohibit employees from speaking their native language at work, this may be a form of discrimination, unless the employer can demonstrate that the rule is a legitimate business necessity.
- Accent bias. If you have been teased, harassed, or passed over for a promotion or employment opportunity because of your accent, this is considered discriminatory behavior unless your employer can demonstrate that the language barrier affects your ability to perform the job.
- English fluency. Employers are legally prohibited from denying an employment opportunity because of your lack of ability to speak fluent English, unless the position specifically requires a high level of English proficiency.
- Hiring and promoting decisions. Employers may not make discriminatory employment decisions based on an employee’s accent or stereotypical assumptions about an employee’s language or cultural background. Employment decisions must be based on an individual’s ability to perform the job.
What Are Common Signs of Language Discrimination?
It is important to understand that not every workplace decision or disagreement involving language is considered discrimination. However, the following are examples of warning signs that may suggest a pattern of discrimination:
- Your employer, supervisor, or other colleagues mock your accent on a regular basis.
- Your supervisor makes negative comments about your language abilities despite regularly meeting or exceeding your job responsibilities.
- You are treated differently from employees who only speak English.
- You are regularly excluded from meetings, training seminars, and other opportunities because of biased assumptions about your communication skills.
- You are disciplined for speaking your native language during regular breaks.
- Workplace policies seem to target employees from certain cultural backgrounds who may speak another language or have a noticeable accent.
How Common Is Language Discrimination in the Workplace?
According to the U.S. Equal Employment Opportunity Commission (EEOC), in 2019, close to 10% of the complaints received for employment involved national origin, which often correlates to language discrimination. Over 21% of U.S. residents speak a different language at home, many of whom are residents of New York and New Jersey. If you have been discriminated against in the workplace for having an accent or speaking another language, it is highly recommended that you contact a discrimination lawyer who can determine whether your rights have been violated and recommend the best legal course of action.
How Does Language Discrimination Affect Employees?
When an employee is discriminated against in the workplace because of their accident, fluency when speaking English, or any other language or cultural bias, it can cause a range of negative consequences, including the following:
- Reduced career opportunities. When employees are discriminated against because of their language, accent, or association with another country or culture, they may be passed over for promotions, leadership positions, training opportunities, and high-profile assignments; this can cause talented and qualified employees to struggle to advance in their careers.
- Emotional stress. Employees who are criticized or mocked because of the way they speak often experience feelings of embarrassment, anxiety, isolation, frustration, and loss of confidence. If this discriminatory behavior continues over time, it can affect employees’ mental health and overall job performance.
- Workplace isolation. Language discrimination can also create divisions among employees. When certain employees are discriminated against because of their accent or nation of origin, they may feel excluded from conversations, social events, or team activities. As a result of the discriminatory behavior, employees may feel isolated and unwelcome.
- Increased turnover. Employees who experience language discrimination in the workplace are more likely to leave their position and seek employment elsewhere. High turnover can create instability and increased recruitment costs, which can negatively impact employees and employers.
What Laws Protect Against Language Discrimination in the Workplace?
There are a number of federal and state laws that protect employees from language discrimination, including the following:
- Title VII of the Civil Rights Act of 1964. This is the primary law that protects workers from discrimination based on race, religion, gender, sexual orientation, age, disability, or national origin. Because language discrimination is often treated as a form of national origin discrimination due to a person’s accent, native language, or manner of speaking, Title VII protects employees who have experienced language discrimination. Under Title VII, employers are generally prohibited from engaging in the following behaviors:
– Refusing to hire someone because of their accent unless it genuinely interfered with job performance
– Treat employees differently because of the language they speak
– Grass workers because of their accent or nation of origin
– Make employment decisions based on language-related stereotypes about people from certain countries or ethnic groups - EEOC guidance. The EEOC has issued guidance that explicitly prohibits discrimination against employees based on the use of a particular language or accent.
- Pennsylvania Human Relations Act (PHRA). This applies to employers with four or more employees.
– This state law prohibits discrimination based on race, color, religious creed, ancestry, age (40+), sex (including pregnancy), national origin, or non-job-related disability.
– Language discrimination is explicitly prohibited, which means that employers may not make decisions about hiring, promotions, job assignments, and terminations based on a person’s language or national origin.
– Employers may only require English proficiency if there is a business necessity that is directly related to job performance.
What Can I Do If I Have Experienced Language Discrimination at Work?
If you believe that you have experienced language discrimination, there are proactive steps you can take to ensure that your legal rights are protected and that the behavior does not continue, including the following:
- Document what happened. Keep detailed records of the dates and times of the incidents, the names of the people involved, copies of emails, text messages, or written communications, statements from witnesses who observed the behavior, and any other evidence that can help prove your claim.
- Review your employer’s policies. Obtain a copy of the employee handbook and review the company’s policy regarding discrimination and the steps you should take to report discriminatory behavior.
- Report the language discrimination to your supervisor or a human resources professional. Provide examples and as much supporting documentation as possible.
- File an official complaint. If you are not satisfied with your employer’s response to your claim, you may file a language discrimination complaint with the EEOC or the PHRA. An experienced discrimination lawyer will assist you with every step of the complaint process, ensure that your claim is filed well before the statute of limitations expires, and negotiate the best possible settlement outcome.
Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Represent Victims of Language Discrimination
If you or someone you know has been discriminated against in the workplace because of your language, accent, or other factors related to your nation of origin, it is highly recommended that you contact the Philadelphia discrimination lawyers at The Gold Law Firm P.C. as soon as possible. Our dedicated legal team will discuss the details of your case, determine whether your rights have been violated, and negotiate the best possible settlement outcome. To schedule a free consultation, call us today at 215-569-1999 or contact us online. Our offices are located in Philadelphia and Pennsauken, New Jersey, where we represent clients throughout the surrounding area.
