The lawsuit against Charlotte Mecklenburg Schools is now in federal court because a former employee said the CMS violated her civil rights because she spoke Spanish to parents even though she was hired to be the school’s bilingual secretary.

Ana Mateo used to work at Devonshire Elementary School and has filed the lawsuit.

She claims in September of 2008, when a new principal came to the school, a new rule was given to all staff members to not speak Spanish to parents.

The lawsuit claims Mateo, a bilingual secretary, continued to speak Spanish to many parents, after all, the school is more than a third Hispanic, well above the district average.

Channel 9 went to the school Monday and learned very quickly that there's a language barrier.

Mateo claims she was reprimanded several times and even told by an assistant principal that she empathizes with parents because “you crossed the border just like them.”

Within a month of the alleged new rule, Mateo was told the school accepted her resignation, even though she says she never offered to resign.

The former secretary filed a complaint with the equal employment opportunity commission and it responded eight months later by saying there is evidence that supports Mateo’s allegation.

In a letter the Charlotte EEOC director wrote, "There is reasonable cause to believe that a violation of Title VII has occurred.”

Channel 9 also contacted a CMS spokesperson, but they said they can't comment on current Litigation, but we were also told there's never been an “English only”' policy.

Some parents we spoke with had heard otherwise. “You can’t be speaking Spanish to other parents. You can’t do this. You can’t do that. A lot of parents are getting mad and frustrated by that,” said parent Lainni Christian.

Mateo was told not to talk about the case and her attorneys didn't want to comment either.

In the equal employment commission paperwork it says CMS claims Mateo was informed not to speak Spanish because of insubordination, not because of any school rule.