Legal Question in Discrimination Law in California

"Discrimination" merely means identifying and acknowledging or acting on differences between one thing or person and another. So identifying a person as either being uneducated or a non-native English speaker is discrimination. There is nothing wrong, much less illegal, with most discrimination. Only discrimination in employment, housing, etc., and that is based on a protected classification, such as race, gender, etc., is illegal. You describe no discriminatory conduct. So while merely identifying the agent as either not educated or a "non-American" based on grammar may be discrimination, it also may be entirely true, and in any case it is not illegal discrimination of any kind.