National Origin Discrimination

The Protocall Group

December 2017
National Origin Discrimination 
By HRiseasy.com

QUESTION:

We interviewed a candidate who had the right type and length of experience but spoke with a thick accent. Is it okay to reject a candidate because their accent made it difficult to understand them?

ANSWER FROM KARA, JD, SPHR:

There is risk in rejecting the candidate based on their accent as this may be perceived as national-origin discrimination, which is illegal under Title VII of the Civil Rights Act. The Equal Employment Opportunity Commission (EEOC) enforces Title VII, and says the following regarding accent discrimination:

In assessing whether an individual’s accent materially interferes with the ability to perform job duties, the key is to distinguish a merely discernible accent from one that actually interferes with the spoken communication skills necessary for the job.

diverse workforce“Materially interferes” is the standard that will apply, but we don’t have a hard and fast definition of what that means. If you are confident that the candidate’s accent will actually prevent them from performing the functions of the job, then you could eliminate them on that basis. But if you are only speculating that it could be a problem–or are thinking it might rub other employees the wrong way–it should not be a basis for your decision.

For instance, if you were hiring for a receptionist who will interact frequently with clients on the telephone and you had to ask the candidate to repeat themselves multiple times during the interview because they were legitimately difficult to understand, then the accent would likely be an acceptable reason to eliminate that candidate. On the other hand, if you were hiring for a dishwasher, delivery driver, software programmer, or other position where oral communication was less essential, then the accent would not be a valid reason to reject the candidate.

 


 

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