The Legal Process^5
Alleged language-focused national origin discrimination cases usually
begin when an individual files a complaint with the EEOC (or a similar
agency on a state or local level). The employee may then file a civil action
in the trial courts, in which he or she claims that civil liberties (as set out
in the federal statutes known as the Civil Rights Act of 1964) have been
violated.
In some instances, these cases are brought to the courts not by the
individual or group of individuals with the same complaint, but by a
private agency acting for the injured party, such as the ACLU, or by a
government agency, such as the EEOC. This action may be initiated at the
state level, as many states have adopted civil liberties legislation patterned
on the federal statutes.^6
An individual claiming language-focused discrimination must first
prove a prima facie case of disparate treatment in four steps:
1. establishment of identifiable national origin;
2. proof of application for a job for which he or she was
qualified, and for which the employer was seeking applicants;
3. that he or she was rejected in spite of adequate qualifications;
and
4. that after such rejection, the job remained open and the
employer continued to seek applicants with the Plaintiff’s
qualifications.After a prima facie case has been established, the burden of proof shifts to
the employer, who must convince the court that there was a legitimate
reason to fire or turn away the person with the accent. If the employer does
this, the burden shifts back to the Plaintiff to show that the purported
reason for the action was pretext (that is, an excuse) for invidious
discrimination. The Plaintiff must prove that the employer was motivated
by discriminatory reasons, or otherwise prove that the reason given by the
employer is simply not believable (Civil Rights Act of 1964, €701 et seq.,
42 U.S.C.A. 2000e et seq.). Figure 9.1 shows the number of Title VII
language focused complaints tried in the period 1972–1994.