Confusing Origin discrimination with language communication policy-USA

As a legal consultant, one of my clients issued a problem where a person was discriminated in a corporate level because this person doesn’t speak English.

My client exposed the case as ‘Origin discrimination’. And I want to take the opportunity to explain the differences and possibilities:

1. Lets start for the type of job,  being ‘corporate’. Therefore the National language in United States is English, and in a corporate level English is the official language.
Although, United States doesn’t have a language that is official in a federal level, it does exist the National corporate level. It also exists something called the ‘industry language’, which for example the private sector has the right to hire people that only speaks the Company language, according to their needs.

2. The article about ‘origin’ discrimination, is correct. But languages and origins aren’t tied in the law as it was before. But, if there is  a written document (message or email might work) where it says that the job was denied because the person is from a ‘specific’ place or nationality, then yes it counts. But if the document specifies that the language is the problem, then the corporate law is stronger and they have the right to deny the job even to native Americans if for some reasons they don’t speak English (given the national language).

Now, communication skills is a wide angle in the law and can be debatable according to the State. But then again, if is in a corporate level and the job requires English as language, then English it is because the law says so.

-Randomness of writer-

Published by lidiaaviles Copyright © 1987-2087 Lidia Aviles. All rights reserved.

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