Legal Question in Employment Law in California

Fired because of a speech impediment

I was fired from my position as a teacher recently.

The administration stated that I was released

because students have constantly complained

that they cannot understand me. I speak perferct

English but I am from Poland and speak with a

heavy accent. I also stutter and have a tongue

ring that causes me to slur my words sometimes.

Do I have any rights under employment law and

can I sue?


Asked on 3/18/02, 9:44 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Fired because of a speech impediment

One of the criteria to bring a discrimination complaint against an employer is you must show you can perform the essential functions of the job. If your students cannot understand you, for whatever reason, they suffer. The ability to effectively communicate is, without question, an essential function of the job of a teacher. By your own admission, you have not helped your situation because of your tongue ring. Based on the facts you have presented, it is very doubtful you could successfully sue the school.

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Answered on 3/21/02, 12:38 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Fired because of a speech impediment

it is hard to say. if they fired you because of the stutter you MAY have a claim. if the problem is caused by the tongue ring you do not have a claim for that.

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Answered on 3/22/02, 8:53 pm


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