Quick Reference Guide for Managers: National Origin
National Origin Includes:
- birthplace, ancestry, culture or linguistic characteristics common to a specific ethnic group
- membership or association with specific ethnic promotion groups
- attendance or participation in schools, churches, temples or mosques generally associated with a national origin group
- a surname associated with a national origin group
Are English-Only Rules Legal?
If an employer shows it is necessary for conducting business, the rule would be legal. If it is determined that the English-only rule is critical for business purposes, employees have to be told when they must speak English and the consequences for violating the rule.
Can a Person's Accent Inhibit Him or Her from Performing the Job?
An employer must show a legitimate nondiscriminatory reason for the denial of employment opportunity because of an individual's accent or manner of speaking. Requiring employees or applicants to be fluent in English may violate Title VII if the rule is adopted to exclude individuals of a particular national origin and is not related to job performance.
The same rules apply as those listed under Race & Color
- No disparate treatment.
- No disparate impact.
- No harassment.