Is It Illegal To Not Hire Someone Because They Don’t Speak Spanish? Discuss
In the United States, forcing the employee to speak Spanish is taken as discrimination as such a provision deters the Civil rights of the person. The Commission that maintains equal employment does not support any discrimination in workplaces; only in rare cases with valid reasons it is allowed.
Why Does It Exist?
Discrimination and harassment have become an important matter as such cases are becoming common these days. Some people are so close-minded that they think any foreigner should not visit their country. Even in supermarkets and cafes, you see these kinds of people that tell you to go back to your own country. When adults start to behave that way, what more can you expect from the children? After all, they learn from their parents. When the children see their parents do that, they perceive it to be right at a tender age. As they grow up, they repeat the same thing in schools. So, when a child acts like a racist know, that’s what he hears in his home.
Any kind of discrimination based on race, religion, nationality, origin, etc., is against federal law. The language of his country represents the nation and nationality. So, when making a language like Spanish, which is not his mother tongue, a criterion for the job. The right to speak his language is violated. It is a way of disrespecting the nation of the employee. It gives out a message that the country does not accept foreigners because of their ethnicity. Federal law mandates the US’s people not to question the ancestry or origin in any place of employment. The employment Commission allows to only hire Spanish speakers in certain circumstances where the position for the job demands it.
The Ideal Solution to Language Discrimination
If the job has many Spanish customers, the employer might demand a Spanish speaker to fill the slot so that he can communicate well with the people who speak the same language as him. This can improve the overall productivity of the firm, as customer satisfaction is an essential growth factor. This does not mean that the employer can force a non-speaker to speak Spanish. Once hired, the company cannot terminate him based on his inability to speak English or any other language. But in the case of hiring, due to the reasons stated above, the Commission permits it under the assurance that the requirement will be uniformly applied in the company.
No discrimination or favors are allowed. In any case of inappropriate conduct by the employer, the employee can approach the employment commission to solve it. He can file a lawsuit or sue the company for the discrimination that was caused by them. The Commission investigates the reason behind the hiring of people who speaks a certain language. If it finds the owner’s reasons inappropriate or a form of separation and discrimination, the company gets into trouble with the law. The company will be forced to give compensation to the employee for the damage it caused.
Based on the weightage of the case, the amount the employer has to pay is decided. Thus the company has a lot to lose. In modern times where media holds a lot of power, no firm can afford to be involved in such a scandal. So, the question, is it illegal to not hire someone because they don’t speak Spanish? is answered.
Language Proficiency and Company Output
Such cases are common and have happened all around the world. Companies have lost a lot of money in settlements with the employees. If a company decides to make Spanish fluency (or any other bilingual requirement) as a guideline for the selection, it should be notified beforehand or it should be provided to help the stuff learn Spanish. Your boss or the employer cannot stop you from using your mother tongue in informal conversations in the company. Forcing you to spanish speaking as it is the company’s language is taken to be a discriminatory act.
That can be taken into court. Any conversations outside the operation of the business in your mother tongue is permitted. In a formal or business-related conversation between the customers or employees, the Spanish only policy can be implemented. It is possible in this case because the new language can impact the overall output of the company. Proficiency in the language can help improve relations with the customers and the employees. The equal employment commission calls language only policies unnecessary in the matters of employment.
Protection of Federal Law
The law protects employees from discrimination based on their place of origin, slang, or culture in the workplace. There is a thin line between discrimination and necessity. Do not mistake one for the other.
The language policy might be a prescription and not a restriction. If you think that you cannot handle it, do not take the job. It is better than going into it with skepticism. Any act which is proven to be unlawful can have huge consequences for the company. No one can force you or discipline you into speaking something that is not your mother tongue. If it is a protocol in the business, it is not discriminatory. In any other case, your boss cannot fire you at his discretion for reasons about the policy.
You can challenge any such will in the court. In the end, the baseline for judging all the situation is if they act purposefully done for discrimination or not. Ask yourself, is it illegal to not hire someone because they don’t speak Spanish? The way one speaks should not be a cause of any form of discrimination.
The discrimination stems from the deep evolutionary roots and universal tendency to form an alliance or coalition and favor the side that divides the world into ‘us’ and ‘them.’ For over forty years or so, researchers have explained these innate biases since they were first discussed.
Now they have begun to ask why humans are prepped to see the world as in-groups and out-groups and what factors in our progressive history have nourished our coalitionary present and what we can do about it.