Speaking another language Required for Job
chaener
1 Post
Hi everyone! I would like some advice on when it is ok to require another language in order to be hired for a job. I am in a manufacturing facility, and it is helpful that our supervisors speak English and Spanish, as we have many Spanish speaking employees.
But, can I refuse to hire someone that doesn't speak Spanish? When is being bilingual a business necessity?
But, can I refuse to hire someone that doesn't speak Spanish? When is being bilingual a business necessity?
Comments
This is from the article[URL="http://www.hrhero.com/hl/articles/2007/06/01/bilingual-job-requirement-oked-by-court/"] "Bilingual job requirement OK'd by court"[/URL]
[INDENT][INDENT][The company] was able to promulgate its language rule because it had a concrete and justifiable business need. Had its purported need for bilingual employees simply been a smoke screen for discriminatory decisionmaking, the result would have been different.[/INDENT][/INDENT]The article [URL="http://blogs.hrhero.com/diversity/2011/02/20/national-origin-discrimination-and-english-only-rules/"]"National origin discrimination and English-only rules"[/URL] includes this:
[INDENT][INDENT]Therefore, the [EEOC] warns you to avoid applying uniform fluency requirements to a broad range of positions. The EEOC also admonishes employers not to require a greater degree of fluency than is necessary for the relevant position. [/INDENT][/INDENT]The article [URL="http://blogs.hrhero.com/diversity/2011/06/19/the-rule-is-english-only-capice/"]"The rule is 'English only'! Capice?"[/URL] includes this tip:
[INDENT][INDENT]The Rule Should Fit a Business Need. Before instituting an English-only rule, you should identify a business justification for doing so and evaluate whether enforcing the rule will further the identified business need.
[/INDENT]
[/INDENT]These articles are all at least a few years old, so you might want to do some looking around the eeoc.gov website to see if they have any newer guidance on bilingual or English-only requirements.
It does sound like you have a business need for wanting supervisors to be able to speak Spanish--but you'll need to ensure that the requirement isn't discriminating against a protected class and that it is applied consistently in similar positions.
I believe if the employers has a large number of 'other than English' speaking employees of any language, they may require the supervisor to speak the 'other' language.