Why is language discrimination illegal? Here are six types of discriminatory language to avoid when creating inclusive job ads that support fair hiring processes.OSC settlements require employers to stop discriminatory practices, pay civil penalties, undergo monitoring, and receive anti-discrimination training. What Is National Origin Discrimination? Schein: The EEOC has a language ability policy which requires a showing that certain language skills are relevant to the job. When accent or dialect is used as a proxy for race, Title VII's bar on race and color discrimination may be implicated. Also, train everyone involved in the hiring process to avoid actions that could appear to be discriminatory. One of those reasons is language. Language is not specifically regarded as a protected class however language does go hand in hand with national origin that is a protected class. It is not debatable whether or not it is legal or racial discrimination.