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| Issue: |
As the receptionist for your company, Katherine is the first person your clients have contact with. Two of her major responsibilities are answering the phone and directing clients to the appropriate office within your building. You’ve received numerous complaints that people have trouble understanding her because of her heavy Russian accent. You would like to transfer her to another clerical position within the company that does not involve extensive verbal communication. Would transferring Katherine violate Title VII? |
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Answer: |
Under these circumstances, transferring Katherine would not violate Title VII. According to the Equal Employment Opportunity Commission, an employer may consider an employee’s foreign accent when making an employment decision if the individual’s accent materially interferes with the ability to perform job duties.
The EEOC has stated that this assessment depends upon the specific duties of the position in question and the extent to which the individual’s accent affects his or her ability to perform job duties. Because Katherine’s heavy accent materially interferes with her ability to perform her duties as a receptionist, transferring her to another clerical position that does not require extensive verbal communication would not violate Title VII.
Source: EEOC Guidance: “Questions and Answers for Small Employers about National Origin Discrimination,” reported in CCH’s Employment Practices Guide, New Developments ¶5070. |
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