Q: I have been told that I cannot work because I do not speak Spanish. Is this discrimination?
Sounds a little discriminatory. Also, Being denied because of your disability is a need to know also.
A:
You raise two separate issues - (A) denial of position due to inability to speak Spanish, and (B) denial of position due to a disability.
Regarding a requirement to have Spanish-speaking ability, that would be illegal national origin discrimination (triggering a potential claim) UNLESS it is necessary for the effective performance of the position. For example, a company that has many customers who only speak Spanish CAN legally require the employees who interact with these customers to speak Spanish. An example of when a company CANNOT legally impose that requirement would be where the employer desires that ability only due to being more comfortable speaking in Spanish in the workplace.
Regarding discrimination based on disability, that of course is illegal, and there a number of factors to analyze to determine if you would have a worthwhile claim. Consult an attorney handling employment discrimination.
Bruce Alexander Minnick agrees with this answer
A: In my professional opinion you have stated at least one viable claim of discrimination (national origin). I advise you to contact the Florida Commission on Human Relations (FCHR) in Tallahassee Florida. Their toll-free telephone number is 800 342 8170; they can also be reached by regular telephone at 850 488 7082. Ask to speak to an Intake Counsellor.
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