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In reply to the discussion: Teacher who can't speak Spanish sues after failing to get Spanish teaching post [View all]Cal Carpenter
(4,959 posts)Whether or not she speaks Spanish has nothing to do with her race or national origin. Based on what we know, I don't think she has a a valid civil rights claim.
Perhaps she has a valid labor law claim regarding the actual job description and whether or not she qualifies, or regarding the alleged retaliatory actions of her employer. I don't know. I would guess that the job description isn't totally explicit about the position requiring a second language and the teacher and her lawyer are trying to use that as a loophole.
But race? National origin? That is off the wall. The ability to teach Spanish has nothing to do with those things. And I doubt either the letter of the law or the spirit of the law, in terms of the Civil Rights Act, will help her.
Considering (at least as of yesterday, I haven't dug any deeper) the only real source on this is her lawyer, and the school district has declined to comment, I don't think we're really getting a balanced picture.