Employment Discrimination: Race, Sex, Ethnicity And Now Language Grounds For Discrimination In U.S.

employment discrimination

Race, sex, ethnicity and national origin are characteristics we have no control over and along with these non-choices; we also have no control in what language we will speak once born into the world. If you were born in the hill country of Shanxi Province in China, it is highly likely you will be born into a Mandarin speaking society. So in other words, by most parts we cannot control what words will come out our mouths. I think you see what I am getting at; language too many is just as much a non-moveable object as feathers on a hen and the chocolate-brown color beautifying my skin.

With the Obama administration getting ready to legalize 11 million illegal immigrants, and the U.S. Mexico border open to all comers Americans should look to filing employment discrimination law suits against companies that openly base their hiring practices on whether one speaks Spanish or not.

With English being a born characteristic to most Americans, how can English be used against U.S. job-seekers in their pursuit of life, liberty and happiness? To no fault of any English-speaking American, many citizens are now dealing with unchallenged discrimination in the job market. Americans national origin and the language that comes with it has become the equivalent of checking the “Yes, I have had a felony arrest” on an employment application.  

Employers that ask “Bilingual please” are discriminating against non-Spanish speaking minorities, low-income job seekers and older job-seekers.  A 45-year-old job seeker lay off from their job of 20 years who never had to know Spanish will find it very difficult to find work amongst the many job ads asking for Spanish speakers. And experts have stated that learning a new language for older people is very difficult, but why should these Americans be asked to learn Spanish anyway, shouldn’t it be the other way around?

And I am sure some reading this will say, the solution is easy just learn Spanish, but for non-Spanish speaking minorities, low-income and low educated citizens learning Spanish just does not happen as easy as many would believe.

Discrimination of English-speaking job-seekers is unintended by some actors and totally deliberate by illegal immigrant friendly groups. English-speaking American job seekers should use U.S. law that offers protection from discrimination and unequal administration of laws to our advantage.

The 14th Amendment:  The Equal Protection Clause

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”.

States have allowed sanctuary cities such as Houston, San Francisco, Los Angeles and many others to created laws protecting illegal immigrant workers and by doing so have abridged the privileges of many United States citizens. The 14th Amendment may look more to protection in the law while the Civil Rights Act looks to prohibit discrimination.

Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prohibits discrimination in many more aspects of the employment relationship. It applies to most employers engaged in interstate commerce with more than 15 employees, labor organizations, and employment agencies. Title VII prohibits discrimination based on race, color, religion, sex or national origin (language comes with this). It makes it illegal for employers to discriminate based upon protected characteristics such as race, color, religion, sex, or national origin.

Language is a part of your national origin package and in America your package includes English just as in Mexico it is Spanish or in Shenzhen it is Mandarin.

Call to Action: File Discrimination Claims, English is just as much of you as your race

I would urge any American citizens who have been told you cannot be hired because you do not speak Spanish to file a discrimination claim with the EEOC in your area, complain to your congressmen and senators and you can also contact one of these organizations and

The Conservative Legal Defense and Education Fund (CLDEF) is a non-profit educational foundation. Since 1985 it has promoted Constitutional interpretation based on fidelity to the actual text of the Constitution.

Click here: http://www.cldef.org/

The American Center for Law and Justice (ACLJ), which focuses on constitutional law. Jay Sekulow, Chief Counsel of the ACLJ. To request legal help or ask Jay legal questions click here http://aclj.org/get-legal-help.

This is a call to action, do not just accept this discrimination, file a claim, the more that do, the more attention brought to these unlawful hiring practices. The ultimate goal is to get these claims in the courts, Americans being discriminated against for only knowing English, the language of their national origin should be seen for what it is, Illegal.

10 thoughts on “Employment Discrimination: Race, Sex, Ethnicity And Now Language Grounds For Discrimination In U.S.

  1. Pingback: No Spanish, No Job; Job discrimination against English speaking U.S. citizens « UsneakydevilU

  2. Hmmm…love this problem is many won’t tell you why, although recently I was told my “political affiliation”, correction the fact that I needed one specific night a month off for elected duties was why they passed on hiring me. The night I asked for happened to be one of their offered nights as everyone has to work a weekend. Apparently I’m with the wrong party as I found out later their office location donated over $75k to BHO’s campaign.

  3. Their lost! Our religion, politics and now our language is our sin. Now that is the true sin! Soon conservatives will have to file discrimination claims on some employers who use politics as a judgement for employment. Liberals have become so jaded, they will not hire conservatives.
    Talk about haters.

    Move on and don’t let them steal your joy! Their lost.

  4. That a USA is about to legalize 11 million immigrants is but give politicians
    reasons the nation is in such a dire state / they can continue blame illegal
    or to be american legal immigrants in bringing causing the nations decline
    (which of course true to a point ) / however the main reason for such USA
    decline is that of political corruption as USA military command whom in the
    ever increasing of their military force believe they can then rule the world.

    For decades the military have drained the nations resources to the point
    where the nations social structure is now in collapse the nation bankrupt.

    Through use of terrorism as a cover the politicians in having stripped the
    people of all rights /the oldest military tactic used where through govt 24/7
    media brainwashing the people having been turned on each other / black
    against white/ rich against poor while politicians as military command but
    place themselves above the law able / doing as they please while people
    having no rights // they can be arrested and put into prison / no charges
    being brought no access to legal aid but simply left to rot in a prison cell.

    PS / in making illegal immigrants legal is not going to solve the problems
    but increase the problems. The reality is the american dream in truth be
    that of nightmare for the 99% // whom being treated as sheep to fleece
    their children as lamb for the slaughter killing as being killed in pointless
    conflicts / conflicts which USA arms dealers are selling arms to all sides
    whom like the tobacco companies are funding political parties thus have
    such freedom to do as please / as like politicians they are above the law.

    • I tilt my hat to you. You get it, the US is fastly turning into an Idiotocracy, ran by pimps and home to mindless zombies. But the 99%ers are as much the problem if not more than the 1%ers. They vote based on emotion and not reality or logical sense. Thanks for the visit WW.

      • The Walking Dead is more to the reality in descrpitive terms
        thus such the “Walking Dead” TV presentation being in truth
        more of a reality than fiction / thus such series having many
        millions of viewers /next episode to be shown early february.

        I would not be too hard on the people the brainwashing of a
        american in starting at a very early age /via the media which
        then goes into adulthood / USA 24/7 govt media is effective
        to the extreme / by early teeens as earlier the majority lose
        all ability of independent thought being then treated by govt
        as mere sheep to fleece / having been stripped of all rights
        thus be a bit more compassionate unto their great injustice.

        It be in reality the situation is not lost /it but a dark period of
        time a crossroads in human development that needs to be
        overcome / the question be how to overcome the present
        problems that having made the present dire dark situation.

        The solution to human problems has not changed since it
        being time begun / the solution is in bringing the spiritual
        in balance with the material not as present where material
        need having gone to the extreme where the spiritual need
        being almost unknown in that of one’s spiritual experience.

        How is such balance of spiritual as material to be achieved
        being the $million question the answer being MEDITATION.

        One needs via meditation to turn the senses inward / thus
        in bringing a unfolding of the spiritual self / not ideas or be
        that of beliefs / not of a heaven which somewhere beyond
        the clouds but that of a very practical spiritual experience
        which granting an clarity of understanding to all questions.

        Throughout history of humanity there be spiritual teachers
        amongst all the teachers be the “Teacher of Teachers” the
        teacher of teachers guides as aids all on the final stage of
        human development where via meditation they then abled
        to turn their senses inward in the unfolding of spiritual self.

        Present time the “Teacher of Teachers” being Prem Rawat
        Prem in having dedicated his life to those whom reach such
        stage of development that meditation now required for their
        furthering develpment that they may fully understand such
        purpose of creation not in believing but knowing the creator.

        On pc search put (words of peace) or put (words of peace
        global) on site a selection of videos in which Prem explains
        meditation /as a open invitation unto all whom be ready for
        such stage in their development that he will guide as aid in
        their long awaited discovery in again knowing the true self.

        Thus it be a dark time but there being a lighthouse which
        calls out to all in love / mercy guiding us home thus be of
        good cheer it’s not the end but be our spiritual beginning.

        ps / I should add all t’will come to such the stage in their
        development where meditation being required / thus in
        allowing their furthering spiritual development / it being
        all are at various stages on the journey /thus one need
        show as practice compassion and understanding unto
        the others needs / thus be merciful / as be forgiving.xx.

  5. Great point, Mike! I don’t think I ever really lumped in language with national origin before but that is an excellent point you bring up. Certainly it is a form of discrimination that’s long bothered me, but attaching it to the origin clause is brilliant. :)

  6. An employer can require an applicant or employee to be able to communicate in the native language of non-English speaking employees or customers.

    Under Title VII of the Civil Rights Act of 1964, an employer may not discriminate on the basis of, among other things, race and national origin. Joseph Chhim, an Asian male, submitted an application for the position of custodial supervisor with the Spring Branch, Texas Independent School District (SBISD) at a job fair in January 2009. At the fair, Chhim spoke with SBISD representatives, including custodial supervisor Ray Cardenas, who spoke to Chhim in Spanish to test his ability to communicate in that language. When Chhim told Cardenas that he did not speak Spanish, Cardenas asked him what language he did speak and where he was originally from. Chhim responded that he is from Cambodia and advised Cardenas that he did not think that the position of custodial supervisor should have fluency in Spanish as a requirement or preference. Allegedly, Cardenas told Chhim that he should instead apply for a position as a custodian because the custodial supervisor position “has too many requirements.”

    In early February, Chhim called SBISD to check on the status of his application. Administrative Assistant Maria Sanchez told Chhim that she had called him about an interview on February 6 and had left a message. Chhim disputed this contention because he does not have an answering machine. The interviews had already taken place, and the position had been filled through the promotion of Raisa Martinez, a Hispanic female fluent in both English and Spanish. Chhim sued SBISD, claiming that the failure to hire him based on his lack of bilingual capability in Spanish and English constituted unlawful race and national origin discrimination. The district court dismissed his claim and he appealed.

    On appeal, Chhim again argued that SBISD had engaged in race and national origin discrimination because it failed to hire him based on his inability to speak, write, read and translate fluently in Spanish, which he alleged was a requirement for the custodial supervisor’s position. The Fifth Circuit affirmed dismissal of Chhim’s claim, holding that although a language requirement could, under certain circumstances, be used as a “covert basis” for national origin discrimination, non-bilingual individuals are not a protected class under Title VII and a preference—or even a requirement—for an employee with bilingual ability does not constitute discrimination on the basis of national origin or race.

    In many instances in Texas, bilingual capability is an essential job requirement when employees, especially supervisors or managers, must be able to communicate directly with non-English speaking employees, customers or others. As long as there is no discriminatory intent and a job-related necessity for bilingual capability exists, an employer is entitled to require an applicant or employee to be able to communicate in the native language of non-English speaking employees or customers.

  7. I’ve been in the landscape industry for over 25 years, never had any issues that impaired my ability to complete assign work details based on the fact that I didn’t understand the Spanish language. Now, every landscape company in my area requires that all employees be bi-lingual Spanish/English. . For what reason? Cause employers are now hiring more and more Latinos who don’t speak and understand English? Language has nothing to do with the ability to plant shrubs or mow grass. It is flat out discrimination

  8. Man so I live in San Diego and you would think having weed in your system,and having a criminal record is holding you back its the people iam 28 when I was in hs am from the bay way different from SoCal ,so anyway when I was in hs you go get fast food it was mixed race black,white,Asian ,so on ,but now u go out to jack in the box or wherever you like and it’s all Mexican people working those jobs was for hs kids now the enconmy so Down people working to live working at mc Donald’s man I hate Southern California i was never called a racist name to I moved to San Diego I work so hard for everything I keep getting laid off cause I don’t speak Spanish ,all my jobs I been the only black, this is USA not Mexico ,I love all people but the world is so prejudice, go hear my song world is so prejudice on youtube, Skanless joe,featuring flossyflo am flossyflo , I do office furniture installations and drive trucks, I was working with my dad right I got laid off from the sub company that works with my dad company ,the guy told my dad I need more experience I been doing this type of work off and on since 1997 the guys he has working only had 6months, 3mo ,1year,exp and I would teach these guys how to install, but he ain’t lay them off, why cuz it’s his family members sons ,cousins ,and stuff, man I can type a whole book on how hard it is finding work cuz I don’t speak Spanish,and that iam not Spanish it should be illegal to ask or to say bilingual required ,anyway if anyone feeling this this is a real guy living and trying to work but can’t stay working cuz of this type of stuff am going to edd everyday trying to get my class a license so I can more work in my field of labor

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