Supporting Right to Language and Anti-Language Discrimination

WHEREAS, People still are discriminated against based on their perceived language ability or lack of ability; and

WHEREAS, It is discriminatory to require certain language abilities that are not needed for the essential performance of job related duties; and

WHEREAS, If a position does not require communication with the public, then no language requirement should be designated; and

WHEREAS, Under the American Disability Act of 1990, people with a language disability (and with reasonable accommodation, if necessary) should not be disadvantaged in the application process for a job or position where communication with the public is not an essential duty of the job; and

WHEREAS, Many American born citizens are English only and should not be discriminated against in the job application process by an arbitrary or capricious bilingual designation; and

WHEREAS, A bilingual designation should not be used when bilingualism is not needed or necessary to perform the essential job related duties, as per job description; and

WHEREAS, A bilingual designation should not be listed as a desired or highly desired characteristic for a job or position unless the employer can reasonably demonstrate the dual language is necessary to perform twenty-five (25) percent or more of the essential job related duties. This includes communicating with the general public; and

WHEREAS, A bilingual designation should not be listed as a preferred or highly preferred characteristic for a job or position, unless the employer can reasonably demonstrate the dual language is necessary to perform fifty (50) percent or more of the essential job related duties. This includes communicating with the general public; and

WHEREAS, Job related written language assessment or test are not necessary as part of the application process for jobs or positions that do not require writing as an essential part (twenty-five percent of more) of job-related duties, as per job description. This excludes management level positions; and

WHEREAS, Job related oral language assessment or test are not necessary as part of the application process for jobs or positions that do not require speaking with the general public (twenty-five percent or more) as an essential part of job related duties, as per job description. This excludes management level positions.

THEREFORE, BE IT FINALLY RESOLVED, That the NAACP reaffirms its policy position and advocate at the federal, state and local levels for policies that outlaw discrimination based on language ability.