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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Default Language Discrimination In California

    My question involves labor and employment law for the state of: CALIF

    I got an email that states:
    URGENT NEED!!!

    *****ALL POSITIONS REQUIRE BILINGUAL SPANISH SPEAKING CANDIDATES!*****

    We are currently recruiting candidates who have any type of mortgage work experience!
    I have several customer service positions to fill immediately!
    Great oppurtunity for those who are looking to work. This is a salary paid position, NOT commission.

    If you or someone you know is BILINGUAL SPANISH and has MORTGAGE background, please call XXXX directly @ xxx-xxx-xxxx ASAP!

    These positions will fill quickly! Thank you!

    *****ALL POSITIONS REQUIRE SPANISH SPEAKING CANDIDATES!*****




    Is this NOT discrimination? What if I ran an ad that said

    *****ALL POSITIONS REQUIRE ENGLISH SPEAKING CANDIDATES!*****


    I called the number, and the first question was "Do you speak Spanish?" to which I said "No"... she said, I'm sorry, you don't qualify!

  2. #2
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Language Discrimination CA

    Not likely discriminatory, since the job calls for such. Equate it to a job that needs a person to be able to repeatedly lift 50 pounds, as a construction job. Any applicant who can not do it, is not able to be hired.

    This is why you do not see too many women firefighters, the physical requirements of the testing part are a bit much.

    I took the Firmeman's test once for my city. I had to put on about 40+ pounds of gear, ankle weights, oxygen tank, etc., and drag very heavy water hoses up flight of stairs, etc, ALL timed. I passed but it was not easy.

  3. #3
    Join Date
    Jan 2008
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    1,948

    Default Re: Language Discrimination CA

    Quote Quoting jtcIII55
    View Post
    Is this NOT discrimination? What if I ran an ad that said
    *****ALL POSITIONS REQUIRE ENGLISH SPEAKING CANDIDATES!*****
    I called the number, and the first question was "Do you speak Spanish?" to which I said "No"... she said, I'm sorry, you don't qualify!
    Being bilingual is a skill required to obtain the position - there is nothing illegal about that... What IF you ran ad ad stating candidates require speaking English - so what? Some other jobs require speaking English - this is NOT discrimination... it is a required skill.

    Why do you feel it is discrimination???

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,584

    Default Re: Language Discrimination In California

    I called the number, and the first question was "Do you speak Spanish?" to which I said "No"... she said, I'm sorry, you don't qualify!
    Well, that's because you don't.

    How do you expect to be able to work with that company's clientele - obviously many speakers of Spanish - if you don't speak their language?

    Both of my current positions require fluency in written English. Lots of people who can't write well in English want the jobs, but they cannot perform the job duties if they don't have the ability.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  5. #5
    Join Date
    Mar 2007
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    9,080

    Default Re: Language Discrimination In California

    It is similarly not illegal to ask that all airline pilots can see. Or that all telephone receptionists can hear.

    Yes, it is discrimination. However, not all discrimination is illegal.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,025

    Default Re: Language Discrimination In California

    If they were requiring that all applicants had to be Hispanic, that would be illegal discrimination. But you don't have to be Hispanic to speak Spanish. My best friend speaks it fluently, and she's Irish, German, French and English - not a drop of anything remotely connected to Spanish-speaking countries.

    Since anyone, whatever their race or national origin, can learn to speak Spanish, this is not illegal discrimination. You want the job? Buy a couple of language tapes and make yourself qualify.

  7. #7
    Join Date
    Aug 2007
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    3,837

    Default Re: Language Discrimination In California

    Quote Quoting cbg
    View Post
    If they were requiring that all applicants had to be Hispanic, that would be illegal discrimination.

    Agreed.


    If you desire a position at the US Embassy in Spain, I would think a requirement that you speak spanish is not asking too much??

  8. #8
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Language Discrimination CA

    Quote Quoting BOR
    View Post
    ...Not likely discriminatory...

    Sure it is.

    It is blatant discrimination!

    It's just not illegal!

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