Can a Georgia Employer Discriminate Against Me Based on How I Speak English?

In Georgia, both federal and state laws prohibit employment discrimination based on a person’s “national origin.” For example, an employer cannot refuse to hire someone because they, or their family, come from a particular country. Similarly, an employer cannot create or tolerate a “hostile work environment” that subjects an employee to unwelcome harassment based on their national origin.

Immutable Characteristics vs. Cultural Practices

At the federal level, the United States Court of Appeals for the 11th Circuit has held that national origin and other forms of illegal employment discrimination only apply to a person’s “immutable characteristics” and not necessarily their “cultural practices.” As the 11th Circuit oversees all federal district courts in Georgia, it is important to understand how this holding may affect your ability to sue an employer for illegal discrimination.

For example, the 11th Circuit recently held in Mukhina v. Walmart, Inc., that an employee could not sustain a hostile work environment lawsuit based on the fact she was routinely bullied at work for speaking English with an accent. The plaintiff in this case is from Russia. According to the 11th Circuit’s opinion, the plaintiff “understands some English but cannot speak the language well.”

WalMart hired the plaintiff to work in customer service, a job that obviously requires speaking with customers on a regular basis. According to the plaintiff, customers “were rude to her” and often “laughed at her or mocked her” because of how she spoke in English. Eventually, the plaintiff asked for and received a transfer to the night shift. She nevertheless continued to experience “some negative treatment from her coworkers.”

The plaintiff subsequently approached the U.S. Equal Employment Opportunity Commission (EEOC) and completed an intake questionnaire where she listed “national origin and/or ethnicity” as the basis of her complaint of employment discrimination. This eventually led to the filing of a pro se lawsuit against Walmart, meaning she proceeded without an attorney. The trial court dismissed the lawsuit, prompting an appeal to the 11th Circuit. (The Court of Appeals did appoint an attorney to represent the plaintiff on appeal.)

The 11th Circuit upheld the trial court’s dismissal. The Court concluded that customer and co-worker “frustration with [the plaintiff’s] inability to communicate does not constitute harassment based on her national origin.” While “comments about an employee’s accent or mannerisms can support an inference of discrimination when combined with other harassing conduct motivated by national origin,” federal law does not equate an employee’s preferred language with their national origin.

Contact an Atlanta Employment Discrimination Lawyer Today

The employee in the case above also failed to follow proper procedure before filing her lawsuit. This is understandable as she acted without the advice or representation of a qualified attorney. If you find yourself in a similar position, do not make that same mistake. You should contact an Atlanta harassment and hostile workplace attorney if you experience any form of workplace conduct that may violate your rights under the law. Contact The Forsythe Law Firm, LLC, at 404-476-2717 today to schedule a consultation.

Source:

media.ca11.uscourts.gov/opinions/pub/files/202411586.pdf