Discrimination based on accent is a form of national origin discrimination, which is prohibited by Title VII of the Civil Rights Act of 1964. This means that employers cannot make employment decisions, such as hiring, firing, promoting, or demoting, based on an employee’s accent.
Key Facts
- Discrimination based on accent is considered unlawful discrimination on the basis of national origin.
- The Equal Employment Opportunity Commission (EEOC) includes “accent” as a protected class in its National Origin Discrimination guidance.
- An employer can require an employee to speak fluent English if fluency in English is necessary to perform the job effectively, according to the EEOC.
- A foreign accent that does not interfere with an employee’s ability to perform their job duties is not a legitimate justification for adverse employment decisions.
- Employers should ask themselves two questions:
a. Does the ability to communicate materially relate to the ability to perform the job?
b. Does the individual’s accent interfere with that necessary ability to communicate?.
The Law
The Equal Employment Opportunity Commission (EEOC) includes “accent” as a protected class in its National Origin Discrimination guidance. This means that employers must treat employees with accents the same as employees without accents.
The EEOC recognizes that fluency in English may be necessary for certain jobs, such as those that require extensive customer contact or communication with other employees. However, employers cannot require employees to speak fluent English if it is not necessary for the job.
Employer Considerations
When an employer is considering whether to take adverse action against an employee based on their accent, they should ask themselves two questions:
- Does the ability to communicate materially relate to the ability to perform the job?
- Does the individual’s accent interfere with that necessary ability to communicate?
If the answer to either of these questions is no, then the employer cannot take adverse action against the employee based on their accent.
Conclusion
Discrimination based on accent is illegal. Employers must treat employees with accents the same as employees without accents. If an employer is considering taking adverse action against an employee based on their accent, they should carefully consider whether the employee’s accent interferes with their ability to perform their job.
Sources
- Can I Be Fired Because Of My Accent? | Spitz, The Employee’s Law Firm
- Could Your Accent Get You Fired? – GovDocs
- Discrimination Based on Accent Two Questions Employers Should Ask | Workforce.com
FAQs
Can an employer fire someone for having an accent?
No, an employer cannot fire someone for having an accent, unless the accent interferes with the employee’s ability to perform their job duties.
What is the law regarding discrimination based on accent?
Discrimination based on accent is a form of national origin discrimination, which is prohibited by Title VII of the Civil Rights Act of 1964.
When can an employer require an employee to speak fluent English?
An employer can require an employee to speak fluent English if fluency in English is necessary for the job. For example, a customer service representative who interacts with customers on a daily basis may be required to speak fluent English.
What should an employer do if they are considering firing an employee based on their accent?
An employer should ask themselves two questions:
- Does the ability to communicate materially relate to the ability to perform the job?
- Does the individual’s accent interfere with that necessary ability to communicate?
If the answer to either of these questions is no, then the employer cannot fire the employee based on their accent.
What are some examples of jobs where an accent may be a legitimate job requirement?
Some examples of jobs where an accent may be a legitimate job requirement include:
- Customer service representative
- Teacher
- Broadcaster
- Salesperson
What are some examples of jobs where an accent is unlikely to be a legitimate job requirement?
Some examples of jobs where an accent is unlikely to be a legitimate job requirement include:
- Factory worker
- Construction worker
- Janitor
- Warehouse worker
What should an employee do if they believe they have been discriminated against because of their accent?
If an employee believes they have been discriminated against because of their accent, they should file a complaint with the Equal Employment Opportunity Commission (EEOC).
What are the penalties for employers who discriminate against employees based on their accent?
Employers who discriminate against employees based on their accent may be required to pay back pay, damages, and attorney’s fees to the employee. They may also be ordered to change their employment practices to prevent future discrimination.