English as a first language

pdburk · September 2003

My organization has a policy promoting the use of English as a first language. Several employees have threatened action against us for stifling their cultural diversity and plan to go the EEOC as well as the local newspapers. Has anyone else had a similar situation; and how did you deal with it?

rad · September 2003

What do you mean by first language? Are you planning to disallow any other language from being spoken in any circumstance or just work related situations?

pdburk · September 2003

Our policy states that Faculty and Staff are to speak English at all times during work hours. During breaks and/or lunch, employees may speak their native language if they wish.

rad · September 2003

The EEOC compliance manual states that you can possibly require English only in situations where safety is a concern like air traffic controllers, chemical refining plants where employes work with dangerous chemicals, oil rigs, or to meet the needs of the business such as in an assembly line where one person relies upon communicating with another person to complete assembly, supervisor's need to manage employees, promoting racial harmony. The EEOC has found many English only rules to be wrongful discrimination on the basis of National Origin unless there is a clear business necessity to speak only English. If you do institute a rule that is driven by the needs of the business, you must notify all employees of the rule, inform all employees of the circumstances under which English is required and explain the consequences of breaking the rule.

rad · September 2003

this might help:
[url]http://www.eeoc.gov/origin/index.html[/url]

pdburk · September 2003

Thanks

San Francisco · September 2003

Employers may have an English-only rule that applies only at certain times if the rule is necessary for business safety or efficiency, the rule serves a purpose and there is no other way to accomplish the business goal that places less of a burden on protected groups.

We are retail and we have had this issue arise from time to time. We do not have any policy prohibiting the speaking of another language in our stores.

Elizabeth

Don D · September 2003

It is also true that you can have as a condition of hire, an ability to read, speak and write English. For example, in our environment, this is required in order to be able to respond to emergencies in the plant, to understand written and verbal work instructions, to communicate effectively in cell-team production areas, the ability to participate in continual training exercises and monthly seminars and Kaizen events and for a variety of safety reasons.

mwild31 · September 2003

45% of our employees are ESL, and even if it was .5%, unless there's is a bonafide business necessity (safety, giving/receiving instructions, reading patterns/layouts/drawings, training, Kaizen events, perhaps retail environments, etc.) to require English Only during business hours, I think your company does run the possible risk of litigation & all that it might entail (juries, damages, etc.) - and since this is coming to you from your employees (EEOC complaints, etc.) you should take it very seriously and be very proactive in your response. Your company needs to go back to the drawing board and identify the clear business reasons for this action and be able to articulate their reasons to the employees. Plus, you should have your attorney review the policy as well & make sure that you are covered against state or federal actions.

pdburk · September 2003

Thanks. I will be speaking to our attorney this afternoon. In the meantime, we have told the employees that we are reviewing our policy.

English as a first language

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