Help: Is this legal??

[Lost-in-FL]

Today at work, we were given a new policy probably written by a freeper. Maybe it was the tone of the

meeting we had but it left a bad taste in my mouth. I am bilingual and so many people at work.

Unfortunately, a few of them are what many people consider "rude". They would not care if you do not

speak their language and continue their conversation and totally ignore the fact you are there (and I

hate that!!!)I think they were the reason they made this policy. I am respectful of others reason I

speak the language of the land "unless" it is a very close friend of mine talking to me in the

foreign language. The title of the policy is "English-Only Language Policy" and these are some of the main rules:

1. English will be used when dealing with customers. Only when a customer specifically requests another language be used to communicate, will another language be used.

2. All task directions and work directives will be provided in English and, while employees are engaged in such work-related efforts or on project teams, they will be expected to communicate in English.

3. All safety, facility and security related materials will be provided in English, and team or departmental meetings that relate to business operations, safety, facility and/or personal security will be expected to be conducted in English.

4. The use of company Internet and intranet, as well as all work-related e-mailing, is expected to be communicated in English, unless customer requirements state a preference that another language be used.

5. While employees are off the clock, they may use their language of preference. Employees violating this policy will be subject to disciplinary action appropiate to the offense commited.

The way I look at this is that speaking another language at my place of work it's been place in the

same category as "cursing" or "swearing". We were directly told (not written in the policy of course)

that NO ONE was to speak in any other language at work and we must clock out to be able to have a

conversation in our language. Any suggestion? Cases? I don't care losing my job over this one, I can

easily find another job. I don't need anyone at work telling me how to be a responsible citizen.

[WannaJumpMyScooter]

1. Yes, they can regulate communications between

employees on "their" time.

Assuming this is not a government office, that is.

[Lost-in-FL]

6. I think is kind of childish...

Thanks for your response.

[renie408]

2. Gee, isn't it nice that they let you speak whatever language you like

while you are off the clock.

I don't know enough about it, but this smells bad to me.

[dflprincess]

14. The wording of #5 makes me wonder about the author's command of English

5. While employees are off the clock, they may use their language of preference.Employees violating this policy will be subject to disciplinary action appropiate to the offense commited.

A person may be disciplined if they don't speak their language of preference when off the clock? What if someone is trying to learn another language, will they be disciplined for studying it?

[Mabus]

15. I think the correct answer to your question

What if someone is trying to learn another language, will they be disciplined for studying it? I think the correct answer is: They will only be disciplined if they aren't studying the language they prefer. You know, like if they wanted to take a Spanish class but were forced to speak/study German instead.

You're right, that is some dumbass phrasing.

:rofl:

[bertha katzenengel]

3. I don't know about legal, but #1, at least, is stupid...

If your caller is clearly Hispanic and sounds like s/he'd be more comfortable speaking Spanish, and you are fluent in Spanish, there's no way for that caller to know it unless you suggest switching to Spanish - so how is s/he supposed to request it?

Anyway, just a comment. I don't know if the policy is legal. Some of it makes sense (i.e. 2 & 3).

Good luck in your workplace. :hi:

[msongs]

4. i think the courts have ruled against this kinda policy...unless the dems

cave again, as in the alito nomination, the current law is on your side.

Msongs
www.msongs.com/dean2008.htm

[FogerRox]

8. se habla Espanol

-would you like to have this converation in Spanish?
-se habla Espanol?
-would you like to have this converation in Spanish?
-se habla Espanol?
-would you like to have this converation in Spanish?
-se habla Espanol?
-would you like to have this converation in Spanish?
-se habla Espanol?
-would you like to have this converation in Spanish?
-se habla Espanol?
-would you like to have this converation in Spanish?
-se habla Espanol?
-would you like to have this converation in Spanish?
-se habla Espanol?
-would you like to have this converation in Spanish?
-se habla Espanol?

Geniuses, just brilliant

[Vickers]

5. Find out who wrote the memo, and next time a customer asks to speak

a language other than English, forward the call to them. :thumbsup:

You can bet your sweet ass they are monolingual.

[The Velveteen Ocelot]

7. Maybe not.

Check this: http://employment.findlaw.com/employment/employment-employee-discrimination-harassment/employment-employee-national-origin-discrimination.html

[Lost-in-FL]

12. Thank you, the link was very helpful.

:hi:

[tularetom]

9. Sounds like something written by a paranoid

I once had a boss who was so afraid that the staff was talking about him that we received memos with lists of people we could or couldn't talk to. The lists were customized for each employee and we were directed not to divulge the contents of the list to any other employee. Naturally within 2 days everybody knew the whole scheme. Actually the memo got us all to work as a team. We all teamed up to drive the boss over the edge and it worked. Eventually he went out in a spectacular flame out, screaming and throwing shit around his office.

Sounds like the people in charge of your workplace are afraid that multilingual employees are talking about them or criticizing company policies and they believe they can control this by ordering you to speak only English at work. I don't know how much effort you want to put into this but if the whole staff got together I see great potential for causing some managerial paranoia.

[Duer 157099]

10. Clearly this policy was written for the benefit of the

NSA eavesdroppers who probably only understand English....

[Jack Ketch]

11. Is this legal?

Yes it is.  Your employer cannot force you to stop speaking
another language, but they CAN fire you if you do not comply
with their policy.  I make no representation as to the wisdom
of this policy.

[The Velveteen Ocelot]

13. Not necessarily. The EEOC thinks it's not; the courts are divided.

It could be considered a form of national origin
discrimination. Some federal (and state) courts will recognize
the claim. "To combat national origin discrimination that
can occur through English-only rules, the Equal Employment
Opportunity Commission (EEOC) passed regulations under Title
VII of the Civil Rights Act of 1964. These regulations
recognize that an individual's primary language is often an
essential national origin characteristic. These regulations
first address English-only rules that are in effect in the
workplace at all times. By preventing an employee, at any
time, from using the language with which he or she is most
comfortable, the employer is placing that individual at a
disadvantage concerning employment opportunities.  Employers
may also create an atmosphere of isolation, inferiority, and
intimidation that leads to discrimination in the work
environment.  Consequently, full time English-only rules are
presumed to violate Title VII by limiting employment
opportunities and creating a discriminatory environment based
on national origin."
http://employment.findlaw.com/employment/employment-employee-discrimination-harassment/employment-employee-national-origin-discrimination.html

[Lost-in-FL]

16. I was reading that...

Even though the policy did not specify a language, there is
hardly anyone who speak another foreign language (for example,
about 10 people speak spanish vs. 1 Filipino and 1
vietnamesse). They way I look at it is that this policy is
biased toward a certain race group. 

[eallen]

20. Not all employers fall under EEOC rules.

[Tsiyu]

25. Welcome to DU, Jack Ketch!

   :hi:

[newyawker99]

26. Hi Jack Ketch!!

Welcome to DU!!  :toast:

[Mabus]

17. Is it necessary to speak English-only to conduct business? If not, then..

This information is applicable to Palm Beach but, depending on how any local or state law that authorized your employer to enact such a rule, you may want to contact the local EEOC or ACLU.

PBC (Palm Beach County) Employment Discrimination on National Origin
Fact Sheet
on
National Origin
Discrimination

Palm Beach County's Equal Employment Ordinance (Ordinance 95-31) and Title VII of the Civil Rights Act of 1964 protect individuals against employment discrimination on the basis of national origin, as well as race, color, religion, sex, age and disability.

It is unlawful to discriminate against any employee or applicant because of the individual's national origin. No one can be denied equal employment opportunity because of birthplace, ancestry, culture or linguistic characteristics common to a specific ethnic group. Equal Employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group.

Speak-English-Only Rules

A rule requiring employees to speak only English at all times on the job may violate Ordinance 95-31 and Title VII, unless an employer shows it is necessary for conducting business. If an employer believes the "English-only" rule is critical for business purposes, employees have to be told when they must speak English and the consequences for violating the rule. Any negative employment decision based on breaking the "English-only" rule will be considered evidence of discrimination if the employer did not tell employees of the rule.

link: http://www.rcematters.org/pbcempdiscrimnatlorigin.htm

[jrd200x]

18. Yes, for now. Whole industries have this

for instance, commercial aviation.

English is the required language in aviation - period. All North American pilots, controllers, 1st officers, etc must speak in English by law when they're talking to each other. Many times airlines speak to customers in two languages though.

There is also no reason a "private" - meaning non-governmental - company can't require employees to speak in the language of their their customers. Now of course, a good lawyer and lawsuit could challenge this, but why? If the customers speak English, shouldn't the people dealing with them also? This is only good business - as business would not exist without the customers.

As for safety and security, OSHA has already stepped in here and it does make sense that safety notices be in a common language - although many companies are smarter than that and have put up safety notices in multiple languages because they really don't want to have an injured employee.

[The Velveteen Ocelot]

19. The English in aviation rule is entirely different.

Pilots and air traffic controllers, etc. speak English because of FAA and ICAO regulations and related international treaties; this requirement has absolutely nothing to do with federal discrimination laws. English-only requirements by private employers may be illegal under EEOC regulations unless there is a legitimate reason to require it, and the burden of proof will be on the employer.

[jrd200x]

21. I never said it had anything to do with discrimination laws

I said it was an example of an entire industry mandating a language while on the job.

Are airlines not subject to anti-discimination laws? of course they are - and I don't recall anyone trying to correct it.

It's so easy for posters to put words in people's mouths isn't it?

[The Velveteen Ocelot]

22. The aviation industry didn't mandate English-only. All ICAO countries'

governments mandated it many years ago. The aviation industry (including foreign air carriers who probably didn't want to) complied because they had to. My point was that this was not something that an employer requires, but that a bunch of governments require, as a result of treaties and international agreements; that's the distinction. The OP was concerned about discrimination by an employer against non-English speakers, which this isn't. Wasn't putting any words in anybody's mouth.

[kurth]

23. It's legal

Employers have always been allowed to require that all business be conducted in English. Title VII protection does extend to discrimination based on language, but I don't see a discrimination case here...

[f-bush]

24. Sounds like the boss is socially insecure....

and doesn't have any friends to talk to, which is usually the case with company heads.