This section contains factual information about the legal situation in various countries and accounts of  current practice.

TESOL-SPAIN POSITION STATEMENT AGAINST DISCRIMINATION

In compliance with Article 21 of the Charter of Fundamental Rights of the EU, TESOL-SPAIN stands in opposition to discrimination against teachers on the basis of their national, ethnic or linguistic background, religion, gender, gender identity and sexual orientation, in terms of hiring, promotion, recruitment for jobs, or employment conditions.

With respect to the common, long-standing notion, unsupported by research, that a certain ethnicity, accent, or national background gives a person an advantage as a teacher of English, TESOL-SPAIN firmly believes that all teachers should be evaluated and valued solely on the basis of their teaching competence, teaching experience, formal education and linguistic expertise. Therefore TESOL-SPAIN does not condone job announcements that list "native English," "native command of English," "native-like fluency," "standard accented English," or similar, as required or desirable qualities.

Reproduced by permission of TESOL Spain, March 2017

TESOL-FRANCE POSITION STATEMENT OPPOSING DISCRIMINATION

TESOL is opposed to discrimination that affects the employment and professional lives of the TESOL members (TESOL Forward Plan, revised 1999) on the grounds of race, ethnicity, nationality, language background (e.g. we don't support ads that ask for native speakers only), disability, health/medical condition, including HIV/AIDS, age, religion, gender, gender identity, and sexual orientation.

https://www.tesol-france.org/en/pages/34/jobs.html