Is it against the law for a company to only hire english speaking US born employees?

I work at a small grocery store in Arizona. Only a couple of us who work there are bi-lingual. A few months ago we got a new manager who personally is very anti-immigration; he makes nasty comments about the spanish-speaking customers and he has told the staff that he thinks people should be forced to learn english or have to go back to where they came from. Last week we had a store meeting where he told the staff that if he heard any of us speaking spanish we would be fired.  He said he was going to expand the store, and make it more profitable by upgrading the merchandise to attract more wealthy and “classy” customers.   He said just about all of our spanish-speaking customers would not be able to afford his new way of doing business, so they might as well start going away now.  He also told us that he was not going to hire any workers who were not born in the United States.  Should I complain to a government agency about this? Where can I find Emloyment Law Information about this type of situation?

 

Answers (1)

In short, it depends on the nature of your employer’s business, but you may have a viable federal employment discrimination claim.  You should discuss the problem with a plaintiff’s employment attorney – s/he will know if you also can avail yourself of the protections of state and/or local anti-discrimination statutes.

Title VII of the Civil Rights Act of 1964 (Title VII), prohibits employment discrimination based on race, color, religion, sex, or national origin.  It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.  A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.  Your store owner did state a business reason for imposing the english-only restriction, however an impartial fact-finder – at a goverment agency or in a court of law – could reject his purported grounds in the face of conflicting evidence.  

Although the Immigration Reform and Control Act (IRCA) of 1986  requires employers to assure that employees hired are legally authorized to work in the U.S., an employer who requests employment verification only for individuals who appear to be or sound foreign, may violate both Title VII and IRCA.  Additionally, in some circumstances, employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.

Contact A Lawyer

3people found this useful

(7 Votes)
Please Log in to answer questions.

Do you have a question?

Our Lawyers can help you.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

Related Links

SF4:0.7.5.100311.8484-