Legal Question in Discrimination Law in California

Discriminate my accent

This is on-behalf of my husband. He was a happy employee at ITS department in a public university for 8 years. Recently, a new manager came on board, he seems doesn't like my husband's accent, questions his communication skill, writing skill, etc.. He even send my husband to a nightly school to imporve his english. My husband has very solid technique skill and knowledge doing his job. He holds a computer science master degree in the US and has over 20 years experience in the field. His job performance is widely recoginized within the department. His English is not fluent but understandable. Now his boss sidelined him. Demote him and shut him off completely.

Is this a discrimination case? Should him complain to HR?


Asked on 3/12/06, 3:08 am

2 Answers from Attorneys
Alice Q. Robertson The Cartwright Law Group, APLC

Re: Discriminate my accent

This may be a discrimination claim - if they are treating him differently on the basis of his national origin. If he legitimately needs to improve his communication skills though, that may be another matter. I would need more information in order to provide specific advice on how to handle this. If you would like to discuss it further please feel call or email me offline.

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Answered on 3/13/06, 6:55 pm
Terry A. Nelson Nelson & Lawless

Re: Discriminate my accent

Sure, he can complain to HR. But, unless he can show the treatment is actually because of his ethnic/racial/nationality background, it is not 'illegal' to criticize and penalize his accent and ability to communicate; it is simply unpleasant. IF he thinks he can show it to be illegal discrimination, contact local counsel to discuss.

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Answered on 3/13/06, 7:30 pm


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