I went to apply at a local gas station here in Cali and was asked if i spoke spanish. I replied no and the manager told me they don't hire unless you spoke spanish.. he said he'd give me an application but i would not be hired....is this legal????
2007-04-26 18:58:20 · 16 answers · asked by sweetcalif24 2 in Politics & Government ➔ Law & Ethics
tHERE WERE NO SPECIFICATONS ON THE APPLICATION AS TO WHETHER I SPOKE SPANISH....THE QUESTION WAS NOT ON THE APPLICATION
2007-04-26 19:05:29 · update #1
ya, they can specify that the position requires a spanish speaking person. Comapanies do it all the time.
2007-04-26 19:03:10 · answer #1 · answered by Triplescoop 2 · 1⤊ 1⤋
Yes, it's perfectly legal.
They hire other people who are bilingual and propbably serve people who speak English or Spanish and it becomes a job requirement, not discrimination.
It's no differen't than requiring a college degree.
Additional details:
That would still be very difficult to prove that you were discriminated against. Maybe you were, but they could be using outdated or stand job application forms. Not all requirements are legally required to be on the form or else they'd have to create a new form for every position they could possibly have. No one does that.
2007-04-26 19:09:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
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.
2016-05-20 01:32:16 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Yes it is legal. As long as it is a requirement for the position and it applies to everyone. If they tell you that and then hire some who doesn't speak spanish then you could go after them.
Think about it, would you hire a driver who couldn't drive?
2007-04-26 19:03:31 · answer #4 · answered by sdh0407 5 · 2⤊ 0⤋
no he cannot discrimate aggainst you for any reason but you dont exatcly cualify for what he is looking for in an employee me myself am a spanish/english speaker and i found out i got hired because i spoke spanish and the owners were asian. Maybe you should think about taking a language course not to work at that gas station but a nicer job were they will value you
2007-04-26 19:10:56 · answer #5 · answered by cynthgzmn 3 · 0⤊ 1⤋
Yes it's legal. If the job one is taking on is customer service, gas station attendant falls under this catogory, then they don't have to hire one if they can't communicate with all of the customers.
2007-04-26 20:41:55 · answer #6 · answered by wondermom 6 · 0⤊ 0⤋
yes it is legal. if he said your not hired because your white(or whatever) then it would be illegal. But he is simply saying that you are not qualified for the job.
You probably have to speak spanish because there are many only spanish speaking people in California.
2007-04-26 19:05:06 · answer #7 · answered by Andrew D 2 · 2⤊ 0⤋
If it is a requirement to do the job, yes it is legal. Why press it unless you really want to work in a gas station?
2007-04-26 19:03:06 · answer #8 · answered by michael p 3 · 1⤊ 0⤋
This is legal if it is a qualification for the job. If it were illegal to discriminate due to lack of qualifications then the world would be in a giant law suit. Sorry :(
2007-04-26 19:02:29 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Mono-linguists are not a protected class under any US employment law, so it is completely legal. You can discriminate against them all you want, as long as it isn't a proxy for national origin.
Is it right? That's another question.
2007-04-26 19:11:55 · answer #10 · answered by Scotty 4 · 1⤊ 0⤋