212.627.8100Most people are aware that it would be illegal for an employer to fail to hire or promote a highly qualified and well-deserving candidate based on protected characteristics like race, sex, or age. However, it is also illegal for an employer to fail to hire a qualified candidate because of their accent or language or to create or tolerate a hostile work environment that is based upon languages spoken. In New York, accent and language discrimination is considered a form of national origin discrimination, which is prohibited by federal and state laws. It’s important to recognize that not all workplace communication policies are illegal. An employer may require employees to speak in English if it is a business necessity (i.e., for communicating effectively with English-only customers or for safety reasons). Accent and language discrimination occur when employment decisions are tied to protected characteristics, such as the applicant’s or employee’s national origin.
Recognizing language discrimination at work can be challenging, as most employers are careful to avoid overt acts of workplace discrimination (such as firing an employee for becoming pregnant). Moreover, the thought of reporting accent discrimination in New York can be daunting, especially if you are worried about how your employer will react to your complaint. That’s why enlisting the guidance of a highly qualified and experienced New York workplace discrimination attorney is helpful—this dedicated legal advocate can listen carefully to your concerns, examine the details of your case, and determine the most strategic course of action. Let’s take a closer look at how to identify accent or language discrimination in the workplace and the steps you can take to file an EEOC language discrimination claim in New York.
What is Accent and Language Discrimination?
Federal and state employment laws prohibit employers from discriminating against employees because of protected characteristics. The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees due to protected characteristics like their age, race, national origin, sex, pregnancy status, and more. According to the EEOC, national origin discrimination refers to “discrimination because an individual (or his or her ancestors) is from a certain place or has the physical, cultural, or linguistic characteristics of a particular origin group.” At the state level, the New York State Human Rights Law (NYSHRL) protects employees from workplace discrimination based on characteristics like disability, religion, arrest record, and more. The NYSHRL states, “It is illegal to discriminate against someone based on the country of their birth, or the country where their ancestors were born. Under this part of the law, it is also illegal to discriminate against someone based on their ethnicity or the language that they speak.” While certain employment policies are lawful, such as requiring that employees communicate in English with English-only customers, making employment decisions (i.e., hiring, firing, promotions) based on protected characteristics like an employee’s accent or language may be considered discriminatory (and, therefore, unlawful). It may be lawful for a New York employer to require employees to speak in English for the following reasons:
- Safety concerns, such as hazardous workplace conditions where clear and quick communication is essential (i.e., industrial sites with dangerous chemicals)
- Customer service, as employees would need to be able to communicate with an English-only customer base
- Teamwork cohesion, like critical projects that require employees to collaborate (and most of the employees only speak English), may be able to justify a limited English-only rule during the completion of the task
To learn more about how to identify language discrimination at work, consider enlisting the support of a knowledgeable and experienced New York employment discrimination lawyer.
When a New York Employer’s Actions May Be Illegal
The key component of national origin discrimination is when employment decisions are tied to an employee’s protected characteristics. Accent and language discrimination are common forms of national origin discrimination, as an employer may assume that an employee with a heavy accent is from a specific country or part of a certain ethnic group and make hiring, firing, or promotion decisions based on that person’s national origin (actual or perceived). Some incidents that may violate federal or state employment protection laws include the following:
- An employer makes hiring decisions based on the applicant’s accent or perceived “foreignness”
- The employer uses unequal discipline practices or harsher performance standards tied to an employee’s speech patterns or accent
- The employer fosters or tolerates a hostile work environment, where an employee is subjected to mocking, harassment, or exclusion based on their accent or language
- An employee is denied a promotion because of communication bias rather than their job performance and qualifications
If you believe that your employer is engaging in discriminatory practices, reach out to a trusted and experienced New York employee rights lawyer to discuss your legal rights and options.
What Evidence Is Needed to Prove National Origin Discrimination
Building a successful employment discrimination claim can take time, as you want to include clear evidence showing wrongdoing on the part of your employer. Your experienced and trusted New York employment discrimination attorney will help you gather evidence, such as:
- Direct evidence (comments, emails, recorded statements that link their practices to an employee’s accent, language, or national origin)
- Circumstantial evidence (patterns of discriminatory employment practices)
- Performance reviews that contradict the employee’s actual job performance
- Witness testimony and internal complaints
When you meet with your highly skilled New York employment law attorney, you can review the details of your case and gather strong and compelling evidence that best supports your claim.
FAQs About Language and Accent Discrimination in New York
Is it illegal for an employer to require employees to speak English at work?
It depends. Policies must be job-related and necessary for business operations. Blanket rules may be unlawful if they disproportionately affect employees based on their national origin.
Can I be denied a job because of my accent?
No, provided that your accent does not materially interfere with your ability to perform the job. Hiring decisions based solely on an applicant’s accent can be discriminatory.
What kind of evidence helps to prove language discrimination?
Emails, performance reviews, witness statements, and patterns of unequal treatment can all support an employment discrimination claim.
Contact a Trusted New York Employment Discrimination Lawyer Today
If you are being subjected to workplace harassment, discrimination, or a hostile work environment in New York, the highly qualified and dedicated legal team at Levy Ratner is ready to treat you with the care, respect, and attention you deserve. Please reach out to our New York, New York office today by calling (212) 627-8100 to get started with a caring and experienced employment discrimination attorney.