May an employer base an employment action on an individuals foreign accent or limited English proficiency?
While an employment decision cannot be based upon the worker’s ethnic or national origin, an employer may evaluate whether an individual’s accent materially interferes with the ability to perform job duties. This assessment depends upon the specific duties of the position in question and the extent to which the individual’s accent affects his or her ability to perform job duties. Similarly, an English fluency requirement can be imposed to the extent that such proficiency is required for the position.
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