NATIONAL ORIGIN DISCRIMINATION OR EMPLOYER PREROGATIVE - AN ANALYSIS OF LANGUAGE RIGHTS IN THE WORKPLACE

The recent influx of immigrants into this country has resulted in an i ncrease in the population of non-English-speaking workers. As a result , the number of language rights-based challenges to employer practices on the ground of national origin discrimination is on the rise. These claims fall into two primary areas: English-only work rules and forei gn accent discrimination. While the judicial decisions in these areas can not easily be categorized as either pro-employer or pro-employee, the courts have shown increasing tolerance for employers that make bus iness decisions on the basis of an applicant's communication skills or employers that promote the exclusive use of English on the job.