Requirement for foreign language translation for non english speaking employees

mgustafson · March 2003

Are employers compelled by any means (Title VII) or other legislation to provide employment related material (applications, handbook, osha training, benefit forms...) in languages other than English to our "English as a second language employees".

Whatever · March 2003

I do not know if it is a requirement. However, we do have all our material translated. We want all our employees to know their benefits, the rules and most important the safety rules. We, also, get the added benefit of having them sign that they received the materials.

arodriguez · March 2003

I haven't heard of requirements for benefits and rules, however, we also do all of our rules and regulations in spanish (which is the common language at our facility). Without all of our rules, regs, benefits, and especially safety items in both languages, it wouldn't be reasonable to believe that employees understand what they are required to do, what rules they must follow, etc. Having our orientation, forms, etc. in both languages has saved us many times from having to pay unemployment, lawsuits, etc. as the employee cannot say that they did not understand what their responsibilities were.

A. Rodriguez
Human Resource Manager

Theresa Gegen TX · March 2003

Some states require that certain postings be given in both English and Spanish (for example, some things in Texas, like the pay day law poster -- in that case the state agency, I believe provides the translation). That would be based on the law of your state.

Generally, if you have a large group of non-english speaking employees, you need to have key policies (like FMLA and harassment/discrimination) translated for them. The law does not specifically say those policies must be translated, but the Employer has the duty to communicate those policies to the employee. If the employee does not read or speak English, How can the employer meet the duty but to have them translated.

For example: Let's say you have a female employee who is spanish speaking. This employee is being sexually harassed by other employees. She quits and sues. You want to use the affirmative defense that she failed to use your complaint procedures (written in the handbook) and that the company has an effective policy (written) against harrassment and discrimination. The employee's response: I don't read english, the employer knows I don't read english, the employer did not translate any of these policies, so basically, relative to me, they were not available.

Good Luck!!

Leslie · March 2003

We translate to Spanish also, but try to stay limite. Our work force is an absolute melting pot. I'd take a guess at a minimum of 20 first languages - that's not counting all the dialects! How big does a singular population have to become before they can say, well you translate it to Spanish - how about Tongan?

Reggie Belcher · March 2003

As a matter of policy, you should ensure that all of your employees understand your policies and procedures and who to contact in the event that there is a question.

Proper communication promotes good employee relations and will ensure that your employees are familar with applicable laws. Proper communication of your policies and procedures, and in particular your equal employment opportunity policy and corresponding complaint procedure, may diminish your liability with respect to harassment or national origin claims, along with any other claim which may subject you to liability.

In addition, OSHA has several requirements which obligate you to ensure that you inform and train your employees in a language which is comprehensible to the employee. The cost of translating your forms to another language may prove to be a valid business decision when weighed against your potential liability.

Regards, Reggie Belcher

Requirement for foreign language translation for non english speaking employees

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