Fragante v. City and County of Honolulu
United States Court of Appeals for the Ninth Circuit
888 F.2d 591 (9th Cir. 1989)
Fragante (plaintiff), a Filipino immigrant, scored highest on the written test for a Honolulu (defendant) civil-service clerk position requiring heavy daily verbal communication with the public, but both of his oral-interview panelists found his heavy accent made him difficult to understand, dropping him from first to third on the hiring list. Honolulu hired the two higher-scoring candidates with stronger oral communication skills. Fragante sued under Title VII for national-origin discrimination; the district court found his lack of oral-communication skills, not his national origin, explained his non-selection, and dismissed the suit.
Whether, under Title VII, an employer may base an adverse employment decision on an applicant's accent when the accent would materially interfere with job performance.