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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19771
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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After working in a trucking company "Engish speaking

Customer Question

After working in a trucking company "Engish speaking company" company stats they are getting pay according to job performance. My husband has never had any write ups or any problems with with Engish speaking people. The company wants to reduce his pay by $2.00. He stated to them that he didn't think that was right. His supervisor told him to clock out and go home. After he got home his supervisor ordered the dispatcher to call him and speak to him in Spanish so he could understand. My husband's first language is Spanish but he reads and speaks Engish very well. He now feels that this will be the reason they use to make him take a pay cut. Any help will be greatly appreciated.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 11 months ago.

Hello,

Thank you for the information. Can you please tell me if you are saying that you think that your husband's pay was reduced because of his national origin or race? Is he the only one in the workplace who is a native Spanish speaker? If not, did the other native Spanish speakers have their pay reduced? Finally, is he in a union?

Customer: replied 11 months ago.
He is not in a union, yes there are other Spanish speaking drivers but all speak Engiah too they are reducing his pay due to his performance but he has never had any marks against him yet they want to reduce his pay. Now they say he doesn't understand but he has for the last 4 years, they are using this in order to cut his pay
Expert:  Marsha411JD replied 11 months ago.

Thank you for your reply, but I don't see where you responded about whether the other Spanish speakers were having their pay reduced. If not, there would be no real evidence to allege national origin discrimination in his pay reduction. In other words, although he can certainly file a discrimination complaint with his employer's HR Department (which would be the required first step for him) and then if they did not resolve the issue he could file a complaint with the State Human Rights Commission or the EEOC, there would have to be evidence that the company targeted him because of his national origin. Without an outright statement to him that showed bias or a habit of treating Spanish speaking employees worse than native English speakers, there wouldn't be any substantiation of this claim. The fact that he has never been disciplined or marked down in any evals is not enough to sustain and discrimination complaint if no other Spanish speakers are treated adversely.

So, again, he can file his complaints, but that evidence I mentioned will have to be there.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

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