Legal Question About the Workplace

Self

[RepubMommy]

I do not imagine that there are too many labor lawyers posting here on FR however does anyone have an info citing that is it against the law for an employer to "require" you to speak Spanish? Thanks, guys:)

[Redbob]

Don't be silly.

What if the job description is "Spanish translator"?
Would it be illegal to require that you speak Spanish?

[digger48]

Far from a lawyer, but....

Language requirement can be legal June 13, 2005

Work Q&A The Orange County Register Contributers Michael S. Ahmad, employee rights attorney at Sessions & Kimball LLP in Mission Viejo.

Q. Is it legal for an employer to require that job applicants be able to speak Spanish or some other foreign language in order to be hired? I see this in classified ads occasionally, and it seems like a form of discrimination. Is it?

A. "Employers may require that job applicants or employees possess specific skills or talents," says Michael S. Ahmad, employee-rights attorney at Sessions & Kimball LLP in Mission Viejo.

"Many times, employers will require that applicants have a college degree, a minimum length of job experience or some other specific skill. Therefore, an employer may require that job applicants or employees be able to speak a foreign language.

"However, employers may not discriminate on the basis of race or national origin. Therefore, employers may not use a foreign-language requirement as screening mechanism for only hiring individuals of a certain race or national origin. For example, it is illegal for an employer to require that applicants speak Spanish if the employer's goal is to only hire individuals from South America.

"One way to determine if an employer is engaging in illegal conduct is to examine the reason for the language requirement. If the employer has a business necessity for its employees to speak a foreign language, then the employer's actions are probably legal. However, if the employer does not have a business necessity for requiring its employees to speak a foreign language, and it appears that the foreign-language requirement is simply a way to hire individuals of a certain race or national origin, then the requirement is probably illegal.

"For more information on discriminatory hiring practices, job seekers can contact the California Department of Fair Employment and Housing."

[kingu]

The employer chooses what skills they want from their employees. I doubt there's any law involved, and if there was, it sounds like one that should be removed.

[BunnySlippers]

Was it in the job description? Otherwise "NO", you do not have to speak Spanish.

Call your state labor board.

[Fury]

If it is a condition of employment, that would seem to be allowed.

What is not recommended is asking you if you know a foreign language during an interview, unless it is germaine to the job being interviewed for (e.g. asking a French teacher if they know how to speak/read/write French).

[T Ruth]

Not a labor lawyer, but I would think if it is not required in order to perform your job function, it might be discrimination based on national origin. That is prohibited under federal law.

[puppypusher]

I am not a labor attorney but I do know that most Non-Union jobs are conscidered to have at will employment.By that the employer has the right to hire,set job requirements and fire employees at his/her discretion.

Granted The employee could attempt to sue the employer to get his/her job back but I think the employer could make being multi-lingual a requirement for the job.

[sarasmom]

Doubt it is against the law.
If you can not meet the employers stated qualifications, especially in right to work states, you are not qualified for the advertised open position.
For instance, I can not claim discrimination or unfair hiring practice if I apply for an advertised open position as a mechanic, when I have zero mechanical aptitude, and no experience.
I have no inherent "right" to such a position, and it would be insane of me to attempt to force an employer to waste their time to consider me for such a position.
OTOH, any employer is also free to post "fluency in English", as a position qualification.
If you think the employer is "only" hiring illegal aliens, report them to ICE.
Speaking more than one language is a valuable skill, and adds measurable value to the prospective employee's qualifications.
There are millions of legal immigrants and tourists whose primary language is Spanish.
Having lived in several foreign countries, I have personally benefited by certain employers having hired multilingual employees to serve their legal foreign customers.
What position were you considering applying for?

[RepubMommy]

Obviously, I am not talking about being a translator or I would have never posed this question. It's any bid in any organiztion, ie a hospital, bank, etc, where under the jobrequirements it says, " Must be fluent in Spanish". But thanks for your help, anyway.

[jla]

Law query.

I know how Thomas Jefferson Esq. would answer but since he isn't around...

[jla]

Lawgiver...Maybe you can help RepMom here.

[Torie]

It would be legal if it is reasonably job related. Otherwise, I don't think so.

[jla]

Really? Could you give a scenario where this would apply?
(The laws and regulations in this country leave me speechless at times)

Thanks, Torie.

[Torie]

If your clientele does not speak English, that is a reasonable job requirement. If you are a cop in a barrio, it might be reasonable. It isn't going to go too far though, because the requirement excludes, inter alia, blacks. The courts are not going to give the reasonableness requirement a broad interpretation.

[Lawgvr1955]

I do not practice labor law and the fact pattern here is a tad brief, however, it seems that many of the points made by posters on this thread are generally valid.

The best suggestion I have, if this is not a hypothetical question, is to speak with a lawyer familiar with the labor laws in the jurisdiction where this is taking place. You could also call that state's Department of Labor and the federal EEOC.