Legal Question in Discrimination Law in United States
If a company says they are an equal opportunity company, but requires native English applicants, is that actionable? Washington based, remote job post.
1 Answer from Attorneys
Hi there--that depends (gee, I must be a lawyer). What does it depend on, you ask? Whether this is discriminatory depends on whether the language requirement is job-related, perhaps whether it's required in order to perform the job's essential functions (standards vary from statute to statute). Of course a language requirement could be a pretext for unlawful discrimination based on national origin or race. So it'd be worth finding out more. Feel free to write me with more info, which I'll keep in strict confidence. You can find me at [email protected]. I'm an experienced civil rights lawyer licensed in Va., D.C. and Md. Good luck and best regards. --Steve Pershing, Washington, D.C.