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if you need someone to be fluent in Spanish, you can ask them if they are fluent in Spanish. But you should not ask if
if you need someone to be fluent in Spanish, you can ask them if they are fluent in Spanish. But you should not ask if Spanish is their native language because this presents a legal risk. Can you explain what that risk is? What is the law that is relevant here - meaning if you tell a hiring manager not to ask someone is Spanish is their native language and they ask you what is the nature of the legal risk, what would you tell them?
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