Any negative employment decision based on breaking the English-only rule will be considered evidence of discrimination if the employer did not tell employees of the rule. An employer must show a legitimate nondiscriminatory reason for the denial of employment opportunity because of an individual's accent or manner of speaking. Investigations will focus on the qualifications of the person and whether his or her accent or manner of speaking had a detrimental effect on job performance. Requiring employees or applicants to be fluent in English may violate Title VII if the rule is adopted to exclude individuals of a particular national origin and is not related to job perfor mance. An ethnic slur or other verbal or physical conduct because of an individual's nationality constitute harassment if they create an intimidating, hostile or offensive working environ ment, unreasonably interfere with work performance or negatively affect an individual's employment opportunities.
Employers have a responsibility to maintain a workplace free of national origin harassment.
Under certain circumstances, an employer may be responsible for the acts of non-employees who harass their employees at work. IRCA also prohibits discrimination based on national origin or citizenshi p. Employers who impose citizenship requirements or give preferen ce to U.S. citizens in hiring or employment opportunities may have violated IRCA, unless these are legal or contractual requirements for particular jobs. Employers also may have violated Title VII if a requirement or preference has the purpose or effect o f discriminating against individuals of a particular national origin. Send comments regarding the NOAA Civil Rights Office web pages to Tillman M. Peck .