Myself and others have noticed a hiring trend with our company that tends to leave many of us out in the cold because we don't speak spanish. Although we have several years experience and are much more qualified for the job.
Family Law Attorney
It is not discrimination to hire someone with bilingual skills over someone who only speaks English, even if the person with only one language has less experience. It may be that the ability to speak Spanish is valued more highly because of the customer base. That is a business decision, not discrimination. It would be discrimination if they were hiring ethnic Hispanics over non-Hispanics because of a preference for a certain ethnicity or a bias against the other ethnicity.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
Administrative Law Lawyer
The law does not mandate that "experience" is the criteria for "qualified" or "best qualified." This is a wide-spread misunderstanding among employees. Employers are free to choose among employees for hiring or promotional purposes based on other criteria such as management's assessment of the applicant's attitude, potential, leadership skills, versatility, etc. Employers are not even required to choose based on job-related criteria, so long as the selection is not based on a prohibited characteristic or activity such as race or gender.
What employees think makes a candidate "qualified" for the job may not be what the employer thinks constitutes "qualified" for the job and the one who signs the checks makes the call.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
Employment / Labor Attorney
Being bilingual is a skill. You are not being discriminated upon becuase you are white, you are being judge up against a person who has a skill that you cannot overcome with your experience. Buy Rosetta stone and even the playing field.