Legal Question in Civil Rights Law in Massachusetts

My mom has been working as a Seamstress for the same place for 15 years. When she was hired she did not speak English. They are now stating that if she does not speak English they will fire her. Can they dot that? She has tried taking several English classes over the years with no sucess.


Asked on 6/30/11, 5:44 pm

1 Answer from Attorneys
J. Whitfield Larrabee J. Whitfield Larrabee

Creating an English requirement for longtime employees is likely a form of national origin discrimination under state and federal law. In order to have an English requirement, the employer must demonstrate a business necessity. Since your mother has been able to do her job for 15 years, it seems unlikely that it is a business necessity. Therefore, she has a sound basis for a lawsuit for violation of state and federal law.

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Answered on 7/01/11, 12:12 pm


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