Is it legal to deny employment because someone is not bi-lingual?

Question

An employer was going to hire me, but their supervisor said they wanted someone who could speak Spanish. While language is not a protected class of people under Title VII, it does seem to me to be a bit racial regarding ethnic background. The hiring manager wanted me to work for the company, but the VP said no because I only speak English. Is is right for a company not to hire someone when they do not specifically state before the interview that they want a bi-lingual person? Had they done so, I would not have taken the time to apply and interview for the position.

Answer 1

It depends. Does the job require someone to know both English and Spanish? If so, then the employer is in the right.

Answer 2

Most states are "at will" employment states. That means employers can hire and fire as they wish. Lack of required skills needed to perform the job duties is a valid reason not to hire somebody for a particular job. However, they might be willing to hire you for a different position; provided they have another job opening that does not require a bi-lingual individual.

In the mean time, go to the public library and start getting language tapes and books on speaking Spanish. That way you can be ready for the next job opening.

Answer 3

There's one fact that you put forward which is rather puzzling and that's the comment where you said...."The hiring manager wanted me to work for the company"

If that's an accurate appraisal of the situation, it seems strange that a hiring manager would be overruled as it would seem that a hiring manager ought to have known if a bilingual requirement was in place.

There's no prohibition against setting a bilingual requirement if there's advance notice given which ought to have been the case here. That the hiring manager was ready to offer you the job suggests that the need did not exist.

Is it possible that, after the interviews, they got some bad references? I pose this question because of another posting that you made describing a job difficulty and just wondered if there's some kind of tie-in between the two.

Without more facts, this situation does not rise to the level generally warranting bringing any kind of action.

Answer 4

I had an application with the same question and I answered yes I'm bi-lingual. I got the job and on the second day of employment a Hispanic individual approached me in the store and I had to call the manager. Since my second language is German I didn't understand that guy at all.
My answer in the application was correct since I am bi-lingual.

Answer 5

MAYBE. 11 USC 525 (b) (Federal Bankruptcy Law) says (b) No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt-- (1) is or has been a debtor under this title or a debtor or bankrupt under the Bankruptcy Act; (2) has been insolvent before the commencement of a case under this title or during the case but before the grant or denial of a discharge; or (3) has not paid a debt that is dischargeable in a case under this title or that was discharged under the Bankruptcy Act. ----- There has recently been an Appeals Court ruling which said that this does not apply to initial hire -- it just means that a private employer cannot discriminate against an already existing employee. HOWEVER -- other Federal Circuit Appeals courts have ruled otherwise. This issue has yet to be taken up by the U.S. Supreme Court, so different precedents may apply in different Federal Circuits. So the answer, in part, is: It depends on where you live. Contact a local bankruptcy attorney for info about how 11 USC 525(b) is applied in your Federal Circuit.

Answer 6

of course it is legal to only hire someone who is bi-lingual if that's part of the job. that seems a little like asking "is it legal to deny me employment as an English teacher just because I cannot read". Now it is there fault for not putting it on the job description. If they had have hired you without telling you this and then later fired you because you were not bilingual, then you could have a case. It sucks that they wasted your time like that, but they didn't break any laws.

Answer 7

If there employer can reasonably justify this as a requirement for the job, than you have almost no chance in a lawsuit. If not, you can possibly claim disparate impact because more Hispanics can speak Spanish than other groups, but I sure wouldn't take this one on a contingency fee. Besides, non-Hispanics can learn Spanish.

Answer 8

Yeah, english speakers can learn to speak spanish, but why should they have to in their own country? Immigrants should have to learn the language of the country they immigrate to.

What we should do is force our "lawmakers" to declare an official language and stick to it. Or are english speaking Americans to be second class citizens in their own country?

In your case, you probably don't have any legal claim, but the employer should be ashamed of himself for wasting your time. I imagine that there are jobs out there that genuinely should be held by bilingual persons, but unless the employer can make a case for necessity, I think that such a requirement should be illegal.

Answer 9

It is legal only if the employer can justify a need for you to speak Spanish.

If you would be performing customer-service for a Spanish speaking population - then it would be justified. However for an accounting position it would be hard to justify.

Answer 10

i can understand your frustration. IF the job requires you to be bilingual -- like its a social services job and you would deal a lot of spanish speakers it would make sense and you don't really have a case.

but if the job is random and speaking spanish isn't necessary for it than i think you were discriminated to a certain extent.