ABSTRACT

The Equal Employment Opportunity Commission (EEOC) guidelines state, for example, that a business with a diverse clientele may lawfully assign work based on an employee’s ability to speak a foreign language. By demonstrating that the individual’s English language skills were insufficient to meet the employer’s needs. In terms of language-focused discrimination, Title VII has one large limitation: Under the law as it currently stands, only those language traits tied to a national origin outside the US are covered. Alleged language-focused national origin discrimination cases usually begin when an individual files a complaint with the EEOC. In an excellent study of language and discrimination in the workplace in Great Britain, Roberts, Davies and Jupp provide numerous examples of discrimination focused on language, and directed toward ethnic and racial minorities. The judge and the speech therapist are sure of themselves: they stake their professional reputations on their opinions and pronouncements about language in general and Mr. Kahakua’s language in particular.