There is an interesting lawsuit against an academic institution in Colorado. Spanish-speaking custodial workers at the Auraria Higher Education Center in Colorado are suing over the failure of the Center to give them instructions in Spanish — alleging that they have faced unsafe conditions over the use of English rather than Spanish. The case suggests that the use of Spanish can not only be legally required but that the use of English can constitute a type of unsafe workplace.
Roughly a dozen custodial workers filed a complaint with the Equal Employment Opportunity Commission alleging that the Center only communicated with its workers in English. The complaint names the Metropolitan State University of Denver, the University of Colorado-Denver and the Community College of Denver.
Blaine Nickeson, an AHEC vice president, said that the AHEC does offer some translations, but that it cannot be required to use native languages for all of its employees.
I tend to agree. I cannot see how using English as the primary form of communication in the United States can be the basis for discrimination or an unsafe work environment. If schools are legally required to speak the language of custodians and other employees, can they refuse to hire non-English speaking employees or would that be a form of discrimination based on national origin? Such an obligation would presumably extend to all languages from Polish to Chinese to Spanish. It creates an added burden on businesses which could find themselves in a vice between the duty to hire without discrimination and the costs of supplying translations for any non-English speaking employees.
What do you think?
Source: CBS
OS,
you hit the nail on the head. This is a reasonable accommodation issue. If a corporation is going to hire non-English speaking workers, how do they instruct the people on how to do the job on day one if they do not provide instructions in the language they understand?
Was the Complaint written in English or Spanish? As an Italian Amnerican the Judge should insist on Italian in the Answer filed by the school district. The Principal is of Hawaiian extraction and should insist that the plaintiffs show up in skirts. Next thing the custodians will do when you give them the toilet cleaning instructions in Spanish is allege that they cannot read. When they show up for the court hearing please have someone from Customs there to check on their “papers”. The school should be required to teach them King’s English.
One other consideration is how immigrants — illegal or otherwise — are supposed to learn English? It’s a difficult language to learn, in the first place, and immigrants are very often isolated from English speakers, both at work and socially. I lived in Germany for over three years, in a very rural community, and despite daily contact with German civilians employees and having numerous German friends, managed to learn almost no German.
Quit being douches, folks.
Those who would make this a political issue on language are not making sense. We are talking about reasonable accommodation in the workplace. There are apparent safety issues for those who are still struggling to learn English. First generation immigrants and workers on visas will not, and should not be expected to, be fluent. English is not an easy language. Of course, their kids will mangle grammar and spelling as well as any other native-born American kid.
In multilingual areas of the country, multilingual signs and instructions are not be a big deal. Also, for those who say “learn English,” let me ask how many non-English languages do you speak or read?
Lots of hillbillies with their “language of America”… I guess this is the ugly side of those “civil libertarians” raising its head and its thinly veiled racism. America doesn’t have a language. It would be a Native American dialect of some kind if it really came down to it. English is a European language imported, same as Spanish as been imported. We have always been a melting pot, your white nationalism a side. Now back to being worried about the government taking your guns and the Benghazi scandal.
PS. Nice job on CNN Prof. Turley the other day.
Go work in Mexico and sue them for not speaking English and see how far you get.
You don’t have to go to other countries and sue to get them to speak English, as most of them already do.
The language of America is English not Spanish and should have been codified into law a long time ago by Congress. These workers should know that … they are working at an institution of higher learning that teaches in English. How is using English creating unsafe working conditions for them… ??? What a bunch of rubbish. They should not have been hired, respectfully, unless they could communicate in English. How do they receive instructions on the job ..?? Whoever hired them should have let them know English was a prerequisite to being hired.
I am with mespo on making instructions in Spanish not a big deal. Spanish is a common second (or even first) language in many parts of the country. If the instructions for your cell phone or TV controller is in six different languages, it seems to me it’s not much of a stretch to have the rules in Spanish.
Now out on the extreme. When I was in grad school, the Chief of the campus police department was Polish. He was first generation, spoke fluent Polish, and when he got his own Ph.D., he took his required foreign language exam in Polish. The head of the Modern Languages Department told me they did not get many calls for Polish exams. However, he did not call for the traffic signs on campus to be dual language as they are in Quebec and Ireland.
Mark,
See Rule number 1….. Question 2, how did they communicate with the folks when they were first employed….. See Rule number 1….’
http://www.good.is/posts/why-erasing-all-the-world-s-borders-would-double-gdp/?utm_medium=tdg&utm_source=email&utm_campaign=readon&utm_content=How%20a%20Border-Free%20Globe%20Would%20Double%20Your%20Salary
If I emigrated to China, the first rule would be for me to learn Chinese and in a hurry if I wanted to take part in their economy and not end up sweeping floors in some provincial school.
It would be supreme arrogance on my part to expect the Chinese to learn English to be able to communicate with me.
Not learning English is an impediment to fully entering our economy. I can think of nothing more certain to keep an immigrant to our shores in financial chains than to keep him from learning English.
But then, I can see why people would not want to compete with Hispanics, they are some of the hardest working people I know and they do a great job for less than a price charged by English speaking Americans. Many people do not engage them because of the language barrier and they are forced to work for a company with Spanish speaking foreman rather than stepping out on their own.
And we think we are doing immigrants a favor by letting them hold on to their language and not learn English?
David Blauw 1, May 17, 2013 at 7:48 am
… Is it legal to make English a requirement for employment?
==========================
I think so, especially in “right to fire” states.
“I cannot see how using English as the primary form of communication in the United States can be the basis for discrimination or an unsafe work environment. What do you think?
Not successfully anyway.
HOW did they get hired if they only spoke Spanish!?!?
Fire them as incapable of doing the job. (AND the person that hired them in the first place!)
Don’t want to learn ENGLISH, the language America speaks, get the FORK out!!!!
If they hire non-English speaking employees they must offer safety and work instruction in these employees language. This is a valid challenge.
My question is why did they hire non-English speakers.
My next question, Is it legal to make English a requirement for employment?
Rule 1 of Communication goes: It is the duty of the communicator to communicate in a way that the audience understands. If the school wanted the directions followed it should have made them accessible. We’re not talking about some obscure language but one spoken by millions of Americans.
Even if we were talking about a very small group of foreign speakers — see rule 1.
I think it is absolutely appalling that they are doing this. It is not the responsibility of the school, it is the responsibility of the workers to learn English. If you come to the US to live then you accept the responsibility to become part of the country which includes learning English. We as a nation are going broke, why is the government giving subsides to hire immigrants when the unemployment rate here is steadily climbing and true figures are out the roof.This is the US. Go to any other country and you fall under their jurisdiction and not knowing is not good enough. You better have your papers and passport in your possession when ask for them also.
DOG DAMN! – I think it smells like Lawyers terrorizing the establishment???
I think you’re wrong. If they hire Spanish-speaking individuals, and they have a non-discrimination policy that includes “national origin,” I would say they very much should be required to communicate with their employees in a language the employees understand. And, frankly, they’re being a little dickish by not doing without the court’s intervention. I love it when employers want the financial benefits of hiring immigrants, but none of the responsibilities.
We are a nation of asses, and this is proof.