I want to speak to an attorney about being discriminated against because the facility I was working at required me not

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Customer: I want to speak to an attorney about being discriminated against because the facility I was working at required me not to work there anymore because I do not speak Spanish. Spanish was never a requirement for the job when I started 7 months ago
JA: When did this begin? Have you documented or reported any racial discrimination?
Customer: And you would love in their own way it's not racial discrimination it is national origin discrimination this started on the 8th of February was when they requested that I no longer go to this one site to work and that I need to go to another one to work at instead
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: The facility is a bank there is more than 14 employees. I am a contracted security guard from another company in which they contracted security from
JA: Where are you located? Racial discrimination laws vary by state.
Customer: I am from the state of Arizona I live in Sierra Vista the place I work is Nogales Arizona
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes I will let you know that the company that I work for is a very large security firm based in Pennsylvania they are the ones that hold the contract with the bank that I work at. They are the ones my employer that told me the bank requested that I no longer come to the site because I cannot speak spanish. Spanish speaking was not a requirement for the job and I have been there for 7 months doing fine
Answered by Christopher B, Esq. in 1 min 7 months ago
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Christopher B, Esq.
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Christopher B, Esq.
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Christopher B, Esq.
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Christopher B, Esq., Expert

Hello, this is Chris and I will be helping you with your question today.  I am sorry to hear that this has happened to you. Please understand that this site is for informational purposes only and by me answering your question, it does not create an attorney-client relationship. Thank you for using justanswer and thank you for your question. How are you doing this fine day?

Customer
Okay
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Christopher B, Esq., Expert

Great, I am glad to hear that. I do have some follow up questions in order to give you a more detailed response. I want to ensure that you are satisfied and therefore, I need to understand your question fully. Are there any other relevant facts that you need to give me?  Did you have an employment contract or are you an at-will employee?  You want to know if you can terminated if you do not speak Spanish?

Customer
I am a at will employee
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Christopher B, Esq., Expert

Give me just a moment to review your question and I will quickly draft an answer for you. Thank you for your patience.

Customer
Sure
Customer
I'm waiting
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Christopher B, Esq., Expert

I understand you are concerned about being terminated based on you not being able to speak Spanish. Let me see if I can help. It is not actionable discrimination to be terminated based on not being able to speak Spanish if there is a business purpose to require this.  It could be argued that this is discrimination based on national origin but the law is not normally applied in this way.  he only time a requirement like this becomes unlawful is when it's not necessary for the job at all, and an employer imposes it for the purpose of excluding a protected class of people from the job. If the only reason the employer had a Spanish-language requirement was because it was trying to keep non-Hispanics out of the job, that would be unlawful discrimination.  If you are an at-will employee you likely can be terminated based on this requirement and you would have no recourse.  As this could be a grey area, you may file a charge of discrimination with the EEOC.  There is not a good chance of success, but you could try if you are so inclined.  See link from the EEOC:  https://www.eeoc.gov/how-file-charge-employment-discrimination

"A Charge of Discrimination can be completed through our online system after you submit an online inquiry and we interview you. EEOC's Public Portal asks you a few questions to help determine whether EEOC is the right federal agency to handle your complaint involving employment discrimination."

I hope this helps!

If you have any follow up questions, please reply here and I’ll be happy to assist you.

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Christopher B, Esq., Expert

Does this completely answer your question? Your satisfaction is most important to me, so I want to make sure that your question has been answered. Please let me know if you have any follow up questions related to this. Thank you!

Customer
you're telling me I have no case against these people
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Christopher B, Esq., Expert

I said it was a grey area and is unlikely.  I never said there was no case.  From my experience these cases are not successful unless trying to leave out an entire class of people.  For example, if your employer put in the rule to get rid on Caucasian and African American employees, then this could be considered  discrimination.  If there is a business purpose for it then it is probably unlikely.

Customer
Okay
Customer
Thanks
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Christopher B, Esq., Expert

Does this completely answer your question? Your satisfaction is most important to me, so I want to make sure that your question has been answered. Please let me know if you have any follow up questions related to this. Thank you!

Customer
Sure
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Christopher B, Esq., Expert

No problem. Thank you for your question and for using Justanswer.com. Just know that you are a valued customer and I hope you try us again. For future questions or issues please post a new question and place “For Christopher B” in the subject line. I would love to help you with any additional questions that you may have. Please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!

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