Can a job posting require a 'native English speaker'?
Requiring a 'native English speaker' is a national-origin discrimination risk. If the job needs strong English, describe the actual skill level instead.
Title VII protects against national-origin discrimination, and 'native speaker' requirements screen on where and how someone learned a language rather than whether they can do the job. The EEOC flags these as high risk.
Tie the requirement to the work: the level of written or spoken English the role genuinely needs, not the accent or origin of the speaker.
Risky phrasing
“Must be a native English speaker.”
Compliant rewrite
Strong written and verbal English is required for this role.
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