Hiring Non-English Speaking Employees

loriana · August 2001

I would like to ask a question in regard to hiring individuals who do not speak, read or write English.

Is it legal to tell applicants that they must have the minimum of English skills before we can employ them?

And is it legal to turn down applicants who do not have English skills when you don't have translators on that shift?

Any help would be appreciated.

Thanks

HR Surprise · August 2001

I don't have the answer to your question, however I do believe one of the criteria would be to determine if they can perform the "essential functions" of the job - regardless of their language capabilities.

Down_the_Middle · August 2001

Not knowing your industry, type of business or geographic location makes it very difficult............... My last recollection on this issue was that the EEOC presumes that an "English at all times" policy will probably violate Title VII and be discriminatory based on nat'l origin. I believe, it is permissable for an employer to have an "English at certain times" policy (to permit casual conversation at work), but the policy has to be based on business necessity, etc...... I'd suggest checking with your local legal counsel b/4 adopting an absolute English speaking policy. There may be some other experts out there that will chime in on this.......

TheCol · August 2001

Job description setting out the essential elements of the job. Mandated by good sense via the Americans with Disabilities Act, anyway. Is English an essential element; read, write, speak? Yes? No problem in denying employment. Your care is further aided by your concern for not hiring illegal aliens - Immigration and Naturalization Service can provide you with the appropriate guidance. English only in the work place is an allowed rule for the business if it is announced and universally enforced: Spanish, German, Italian, whatever. However, you may NOT restrict natural language in non-work areas such as break area, lunch, to and from work site, and such like. Make it a policy, and the employee is terminated for "Violation of Company Policy". easy.

Lori Perdue · September 2001

Hola! Your reply to a previous question was helpful. I had a situation in our Mfg Production Warehouse that played out as follows: We have several employees that speak English & Spanish - both very fluently. These ladies were talking on the Production Floor in Spanish, and two of their co-workers felt that they were speaking about them (knowing that the other two do not understand Spanish...) That started the accusations 'What are they saying about me? Tell them to stop talking about us... We know they can talk in English - so they must be saying bad things...' etc... One of my Line Supervisors told them they were not to speak in Spanish on the Mfg floor. Now both factions are saying the 'D' word - discrimination (A> They were harassing me and you're not stopping them; and B> You can't tell me how to speak...); threatening with the labor board. I guess that we can indeed, according to your advice, ask them to speak only English on the floor, but any other language is permitted in Non-Work areas. We do not have a formal 'English Only' policy - any verbage recommendations? Thanks! Lori in Maryland

Gillian · September 2001

English only rules are only OK if they are job related. An analysis of the job should be done, a study not a quick opinion even if it is by people who should know. Sometimes these opinions are based more on convenience than what the job really requires.

System · September 2001

Here are some helpful HRhero.com articles on English-only rules:

'English-only' rules: Are they legal?
[url]http://www.hrhero.com/national/englishonly.shtml[/url]

Do I have to hire them if I can't understand them?
[url]http://www.hrhero.com/topics/diversity/understand.shtml[/url]

May I require workers to speak only English?
[url]http://www.hrhero.com/q&a/english.shtml[/url]

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

Gar · September 2001

If English-speaking capability is an essential function of the job, you can deny employment to persons who do not speak the language. Would you hire a non-English speaking person as a domestic telephone operator, a dispatcher in a 911 call center, a domestic air traffic controller or a customer service representative in a telephone call center? I wouldn't.

System · September 2001

As for the hiring question, I agree with the people who talked about the essential functions of this particular job. What level of reading and listening skills are really required? Do you test all applicants for English proficiency? Hotels have figured out how to train maids who don't understand English. Could a deaf person do the job? What about an Anglo who's functionally illiterate?

I've always felt uneasy about the idea of an English-only policy. It seems like using a shotgun to kill a wasp. If an employee says co-workers are making fun of him, then their supervisor needs to deal with it. It doesn't matter whether the accused employees are whispering in English or talking out loud in Spanish.

Of course, I understand English-only policies in work areas with a specific business reason for it, such as safety around dangerous machines. But I think it's pretty clear you can't enforce them on breaks, etc.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Hiring Non-English Speaking Employees

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