QUESTION
Can you reject a hire based on language barrier?
Asked on Jul 09th, 2014 on Labor and Employment - Texas
More details to this question:
Most of the customer base and staff speak little to no English. Based on that, can we reject a hire because they cannot speak the primary language of the company?
4 ANSWERS
I do not know the answer to this question. You should speak with an attorney that handles discrimination cases. I do not.
Answered on Jul 15th, 2014 at 8:14 AM
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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If you clearly listed in your job description that fluency in Spanish is a requirement, you can reject anyone who does not meet this requirement.
Answered on Jul 11th, 2014 at 3:07 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, if a particular language skill is required and is not a discriminatory issue. I would certainly want more details before providing a firm opinion.
Answered on Jul 10th, 2014 at 9:56 AM
Bruce A. Coane
It certainly raises issues. I can't tell you there is any bright line test. I know that in Miami, where we have an office, potential applicants are disqualified for the job if they don't speak Spanish. That doesn't necessarily mean that a rejected employee could not file a legal claim.
Answered on Jul 10th, 2014 at 9:22 AM