National origin discrimination is commonly reported in the workplace. And a significant percentage of the cases involve accent. Many employees and job applicants report being treated unfavorably because of their accent. For example, they are not hired, passed over for promotions, moved from client-facing roles or phone duties, subjected to harsher performance reviews or dismissed.
It’s unlawful for an employer to make an unfair employment decision because of a worker’s accent. This is prohibited under the Washington Law Against Discrimination (WLAD) and federal rules, such as Title VII of the Civil Rights Act of 1964.
However, an employer can legally use accent to make an employment decision if:
It would materially interfere with the ability to perform the job
An employer cannot base an employment decision on accent because of customer preferences or simple assumptions. They must prove that the accent would materially interfere with one’s ability to perform the job.
For example, when filling a role that requires constant, clear public contact or telephone communication, an employer may make hiring or promotion decisions based on an individual’s accent if their accent materially makes it difficult for them to perform the job.
Some industries use this legal standard more often. For instance, public safety agencies frequently factor in accent when making decisions. When filling an emergency 911 dispatcher or responder position, an employer may consider whether an individual’s accent will make it difficult for them to provide critical numbers or life-saving instructions during high-stress calls.
Cases of educational institutions making employment decisions because an educator’s accent severely interferes with students’ comprehension have also been reported.
An employer who uses accent to make an employment decision must prove the accent interferes materially with job performance. If you believe you experienced national origin discrimination because of your accent, get more information to protect your rights.