I am presently representing a client claiming national origin discrimination. My client, who is originally from Asia and for whom English is his second language, alleges he was demoted from a position in part because his superiors believed his accent would make it difficult for him to deal with customers.

In researching this matter, I have learned that the 6th Circuit has recognized that linguistic discrimination constitutes national origin discrimination. In re Rodriguez, 487 F.3d 1001, 1008 (6th Cir. 2007). In this case, the 6th Circuit held that an employer’s comments concerning the plaintiff’s accent constituted direct evidence of national-origin discrimination. Id. at 1009.

The Rodriguez case also tracks the EEOC’s position, which “defines national origin discrimination broadly as including, but not limited to, the denial of equal employment opportunity because of an individual’s, or his or her ancestor’s, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group.” See 29 C.F.R. § 1606.1. 29cfr1606.1

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