Would this be employment discrimination?

ScorpiondeRooftrouser

Morphlaw wrote: »

Hi I have a question for those of you familiar with this area of employment law.
I recently applied for a job requiring a 'native-level Spanish speaker'.

My mother is spanish. I've lived in London my whole life, but have visited Spain almost every year, and I've held a Spanish passport my whole life. This makes me spanish despite not physically residing there.

More importantly I hold a DELE C2 which is a diploma certifying mastery of spanish (I can't provide a link but if you google 'DELE superior level C2 - the second link provides a description).
I also have an A-level in Spanish.

I was told on the telephone that I am not suitable because I am either not 'native-level' or 'native'.

I subsequently called the recruitment agent back and politely explained more in-depth, after which she agreed to at least present my CV to the employer. I stopped there.

I considered raising that such stringent requirements on their part is discriminatory. Is this the case?

Just one point, but bringing up an A-level in these circumstances is so far off the mark that it's probably counter-productive. Having an A-level in any language is a million miles away from native-level.

The other qualification I don't know, so I can't say. But the very fact you have a qualification at all suggests to the agent that you've learned Spanish. I don't have any qualifications in English, for example.

silverwhistle

Good point. Frankly this seems to be an agent interpreting the requirement in their own way and not really understanding. You might want to take the A level from your CV and highlight the family angle. C2 should be fine for pretty well any job, and because you've learnt it as a kid your accent will be fine.

So not discrimination but incompetence. I'm sure the client would be able to assess your level within a minute at interview. Good luck.

Morphlaw

You've all been wonderful. Particularly the clear explanation re discrimination.

I'm happy to contribute to discussion if this continues - but otherwise thank you all very much.