Can a car dealer insist that non-Spanish speaking salespeople turn Spanish-speaking customers to Spanish-speaking salespeople?
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Can a car dealer insist that non-Spanish speaking salespeople turn Spanish-speaking customers to Spanish-speaking salespeople?
Our car dealership has found a much higher closing rate on Spanish-speaking customers when they speak with Spanish-speaking salespeople. One African-American salesperson, who does not speak Spanish, believes he is the victim of discrimination as he should be allowed to attempt a sale with anyone willing to speak with him.
Asked on July 5, 2019 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The dealership cannot require that non-Spanish-speaking customers only work with Spanish-speaking salespeople: doing so could be national-origin-based discrimination against the non-Spanish salespeople. (And if it is an African American salesperson who has customers taken from him, could be seen as racial discrimination, too.)
You can, of course, make the customer aware that you have Spanish-speaking salespeople and ask the customer if he/she wants one of them to assist them: that is not discrimination, since you are not requiring the switch from one employee to another.
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