Feb 2021 – Accent discrimination, “codeswitching” and the Equality Act
A recent French law has banned discrimination against someone because of their regional accent. This article looks at the UK’s legal position in relation to accent discrimination and considers the related issue of “codeswitching” and its potential negative impacts.
The new French law adds glottophobie (the French word for accent discrimination) to the list of grounds of discrimination, alongside racism, sexism, disability and so on. The maximum penalty for flouting this law is three years’ imprisonment and a fine of €45,000.
The legislation was hotly debated in the Assemblée Nationale before being approved by 98 votes to three. Those who spoke in favour included Patricia Miralles, a daughter of North African parents, who spoke of the “mockery” she encountered because of her Algerian accent, and Maina Sage, deputy for French Polynesia, who recounted the difficulties of having an accent from outside of mainland France. Justice Minister Éric Dupond-Moretti commented that he was “super-convinced” of the necessity of the law.
What’s the position on accent discrimination in the UK?
The Equality Act 2010 does contain some protection in this area. Race is a protected characteristic which includes nationality and ethnic or national origins, so it may be unlawful to discriminate against a person on grounds of their foreign accent – for example, a heavy French or Australian or Japanese accent. This protection would apply to those with accents from different parts of the UK, so it is unlawful to discriminate against someone because of their Welsh, Scottish or Northern Irish accent.
But does the law extend any further than this? Could, for example, a Liverpudlian claim discrimination if they missed out on a job because of their scouse accent? The answer is probably not, because no issue of nationality or national origins arises. A scouse accent is an English accent and, provided that the employer doesn’t discriminate against all English accents, there likely be no claim for direct discrimination.
To what extent is accent discrimination an issue in the UK?
There is not much research on this issue, but a report by Queen Mary University of London on accent bias in Britain published last year found that it could impact each stage of the employee lifecycle.
The researchers carried out a study of hiring preferences using different accents. They found that those who spoke with classic Received Pronunciation (RP) (the accent traditionally regarded as the “standard” for British English) were likely to be more respected than people with urban working class or ethnic minority accents. In effect, the study concluded that nothing has changed on this point over the past 50 years.
The study also found that accent stereotypes affected how others perceived an individual’s job performance. Once again (although to a lesser extent), those with RP were regarded as the most competent.
Accent discrimination is closely related to discrimination based on social class. The Trades Union Congress has for some time been pushing for socio-economic status to become a protected characteristic. This policy was also featured in the Labour Party’s 2019 general election manifesto.
These issues are likely to remain prominent in the political discourse concerning future policy on workplace equality. The women and equalities minister, Liz Truss, recently gave a speech that clearly referenced both accent discrimination and the need to improve social mobility.
Although not unlawful, declining someone a job because of their scouse, Brummie, Yorkshire or other accent is arguably just as unfair and illogical as other types of discrimination. It could mean missing out on valuable talent because of something that has no relation to the candidate’s abilities or potential.
What is codeswitching?
The term “codeswitching” was first used to refer to multilingual people changing between different languages, but it has developed over time and taken on a new meaning. According to the Harvard Business Review in 2019, codeswitching has become a term used to describe the practice of changing one’s style of speech, appearance, behaviour and expression in ways that will increase the comfort of others, in exchange for fair treatment, quality service or employment opportunities.
To some degree, we all engage in this conduct, depending on the professional or social context. Codeswitching is, however, mainly used by marginalised groups and can have negative consequences when it occurs in the workplace.
This is a complex and nuanced topic, especially for minority ethnic groups. Codeswitching has been described as a “survival technique”, allowing minority groups to navigate a predominantly white culture. Individuals may also codeswitch on account of social class. For example, an employee with a strong regional accent may alter the way they speak because they perceive that speaking in “the Queen’s English” will avoid prejudice and afford them more respect and privilege in the business.
Some might consider that codeswitching can bring benefits for the individual, but that does not mean it is a positive thing. While studies have shown that black people who codeswitch are perceived as more “professional”, such behaviours can place a mental toll on individuals who feel that they cannot bring their “true selves” to work.
Instead, they need to change the way they behave, speak and act to fit in with the dominant culture. This constant need to adjust themselves in turn negatively impacts their performance, relationships with colleagues and levels of engagement.
Codeswitching can therefore also have negative impacts for employing organisations. Employees who are suffering from burnout caused by codeswitching are less likely to remain with an organisation, resulting in a higher employee turnover. Even while remaining with the business, they are likely to feel generally disengaged, demotivated, and are less able to perform to a high standard.
How can employers counteract the negative effects of codeswitching in the workplace?
The issues here are complex, but there are measures employers can take to encourage individuals to “be themselves” at work. One of the most important things employers can do is to evaluate the environment and culture of their workplaces, considering steps such as:
• Hiring and promoting individuals from diverse backgrounds in order to tackle underrepresentation at all levels of the business. Ensuring that people from different ethnic groups and a variety of socioeconomic backgrounds are represented and visible throughout all levels of your organisation will mean that individuals’ differences are not so notable.
• Developing a culture in which minority ethnic groups are truly included and made to feel visible. Even if you manage to tackle underrepresentation, it is important that people sense that they are accepted within the organisation.
• Reflecting on the messages you are sending to people about “cultural fit”. Consider what changes may be needed to encourage people to be themselves at work, in the knowledge they will not be penalised for doing so.
• Providing diversity training for everyone in the organisation, particularly for managers and those who sit on interview panels and are involved in hiring and promotion processes.
• Organising unconscious bias training for all staff. Our own biases can often inadvertently encourage and contribute to codeswitching behaviours.
If you have any specific questions you would like advice on, then please contact: Abi.Frederick@lewissilkin.com or koichiro.nakada@lewissilkin.com of Lewis Silkin LLP.