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Unequal treatment may result from cognitive or unconscious bias, rather than deliberate, intentional exclusion. “Second generati ...

The Legal Process^5 Alleged language-focused national origin discrimination cases usually begin when an individual files a compl ...

Figure 9.1 U.S. population by race and relative number of Title VII language-focused complaints tried, 1972–1994. (Figures round ...

statistics seen here. In some of the cases included, both racial and national origin discrimination were at issue. In most of th ...

Employer Sanctions: 27) conducted a carefully designed statistical study of a stratified random sample of employers nationwide, ...

Once on the stand in a courtroom, what do the employers offer in the way of excuse? The approaches taken by defendants range fro ...

Honduras” in explaining that she had not “made friends in some quarters” and was the object of an ouster campaign. (Galdamez v. ...

So the court has before it a Plaintiff who claims that his or her basic civil liberties have been violated, and a Defendant – an ...

James Kahakua’s story is a good place to start, for reasons that will be clear shortly. In Chapter 12, the sociolinguistic compl ...

pronunciations” (Matsuda 1991: 1345). The speech pathologist who testified on behalf of the employer gave the judge ammunition w ...

In April 1981, at the age of 60, Manuel Fragante emigrated from the Philippines to Hawaii. While Fragante speaks a number of the ...

Outside that interview office, I never encountered any communication problem with anybody in Hawai’i or on the mainland. (Matsud ...

The courts have stated that “[t]here is nothing improper about an employer making an honest assessment of the oral communication ...

reduced the award of $700,000 to nominal damages, and denied Akouri’s motion for a new trial. Often at this point in the appeals ...

presentations that she had been making successfully for four years, and restricted her responsibilities in other ways. After com ...

Clowney: Sometimes. It depends on the nature of the two individuals. I would agree that the burden is more on an investigator to ...

effectuating the communication and thereby make – makes the allegation that the person is incomprehensible? Clowney: I’m not goi ...

story ends well, but many others – most others, I would claim – do not. Everyday individuals are reminded that the language they ...

credible. The court recognized that Dercach had indeed been discriminated against on the basis of national origin, but they stil ...

Hasan v. Contra Costa County Saed Hasan came to the U.S. from Palestine to study engineering. At the University of South Dakota ...