Speaking English Required

American Metals

I have a small manufacturing plant in Baird, Texas about 20 employees.  All management speaks english.  Can I require that English be spoken.  I think it would be a safety issue.

TXHRGuy

[quote user="American Metals"]I have a small manufacturing plant in Baird, Texas about 20 employees.  All management speaks english.  Can I require that English be spoken.  I think it would be a safety issue.[/quote]

Job relatedness becomes the focal point of an English only policy.  For instance, if you punish two guys for speaking in non-English while they're standing at urinals while a manager who happens to be seated in a stall overhears them, you could be in for a problem.  Same for off-the-clock-but-on-the-premises discourse, for example, in the break room at lunch time.

Consider this: you could have a safety problem requiring a bilingual lead to explain a safety procedure in English to a non-native speaker of English (who shares a native tongue with the bilingual lead).

I haven't had to mess with this since 2000 but I wouldn't expect the job relatedness business to go away.

SPDSKTR

If you have someone who doesn't speak a bit of English, then you need to suit their needs.  Otherwise, you're putting their safety at risk and OSHA will have fun with you.  Repeatedly.  I don't have a §1910 book with me, but I always resort back to the General Duty Clause when I'm unsure.

-Justin

kyliefan

HR.BLR.com posted an article just last month on this topic, noting that complaints about English-only policies are on the rise. The number of complaints to EEOC increased quite dramatically in 2008, even though it remained pretty small overall. See http://hr.blr.com/news.aspx?id=79863

The article also lists EEOC's guidelines that provide examples of a business necessity that would justify an English-only policy. You may find it helpful.

SPDSKTR

"In emergencies or other situations in which workers must speak a common language to promote safety."

So let me get this straight...

They're saying that in any business that requires stress on safety (such as the construction industry), an English-only rule can be put into place?  It just sounds like trouble ready to emerge...

TXHRGuy

[quote user="SPDSKTR"]

"In emergencies or other situations in which workers must speak a common language to promote safety."

So let me get this straight...

They're saying that in any business that requires stress on safety (such as the construction industry), an English-only rule can be put into place?  It just sounds like trouble ready to emerge...

[/quote]

English only has been around for a long time.  The issue is merely one of job relatedness (orderly conduct of business, ability to relate to customers, safety, etc.)  Safety, of course, trumps everything.  The issue is not so much whether or not you can require that business matters be handled in English but whether or not your line supervisors can enforce this without doing something stupid like writing up two guys for chatting in Spanish while they use the rest room at the same time.

jaraya

There is a lot of Safety information in Spanish on the web that can very useful

HRoamer

That's not really how I would interpret.  You may require employees to speak a certain level of English, so that you can be sure the they will understand safety instructions.  However, you cannot control their non-work-related conversation.  So, if two employees were allowed to chat about their weekend, their families or their girlfriend while working on a construction site or a on a production line, then the employer cannot control what language that conversation happens in.  An employer can also not dictate what language is spoke during non-work time (breaks, waiting time, etc.) even if it's paid.

TXHRGuy

[quote user="HRoamer"]That's not really how I would interpret.[/quote]

Which post/statement are you referring to?