24

Employment discrimination based on the initial or native language of a prospective employee is probably not lawful under US federal law. Requiring the English-language skills actually needed for a particular job is lawful. Doing "editing, writing, or translation" obviously requires language fluency. But unless a business can demonstrate that it is ...


13

This is a potentially litigatable matter under US employment law, where the outcome would hinge on what a "native speaker" is. One interpretation – a legally discriminatory one – of "Native speaker of Somali" is "a person born and raised in Somalia, who acquired Somali as their first language". This requires a specific national ...


7

They are setting that requirement in q very broken and illegal way - but their core goal is a legal one. Think about it: if you require employees to speak Navajo because you need that, that is lawful, even though it will have a strong tendency to select for certain Native American tribes (i.e. Navajo). An employer can require English language because it's ...


3

It may depend on how strictly they interpret the term "native speaker". I would certainly have cause for complaint if they classified me as a non-native speaker of English, given that it has been my primary language since I was about 4. If they're using the term as a shorthand for a level of fluency in the language, rather than its literal meaning ...


2

While I'm unaware of any case law in the specific case of translators, one possible defense to an employer who hires only native speakers is that national origin is a bona fide occupational qualification (BFOQ). BFOQ is an exemption to anti-discrimination law. The only scenario where I could imagine a BFOQ defense surviving a court challenge is in a ...


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