New EEOC guidance on national-origin discrimination

Workforce, April, 2003 by D. Diane Hatch, James E. Hall, Matthew T. Miklave

Because of the sharp increase in the number of foreign-born workers, the backlash over the continuing terrorist threat, and the economic downturn, the Equal Employment Opportunity Commission has recently issued new and additional guidelines on national-origin discrimination. The guidelines are meant to be a practical resource for employers, employees, and EEOC staff handling charges. They address issues of language, accent, and dress, including the following:

* An employer may consider an applicant's foreign accent or lack of language proficiency if either "materially interferes with the individual's ability to perform" the specific job duties of the position for which he or she is applying.

* English-only rules are permissible when the employer needs such a rule to operate safely or efficiently. Because the words safely and efficiently are somewhat vague terms, employers should be prepared to point to specific concrete reasons for maintaining such a policy--for example, the need to communicate with customers, coworkers, and/or supervisors who speak only English.

* An employer may implement a uniform dress code even when it conflicts with some individuals' ethnic beliefs or practices. However, if a dress code conflicts with an employee's religious practices, the employer must modify the dress code unless it can show that such a modification would result in an undue hardship for the employer.

Impact: Employers should review the full text of the EEOC's guidance on this area at its Web site, www.eeoc.gov.