[lg policy] A Common Language in the Workplace

Harold Schiffman hfsclpp at gmail.com
Tue Feb 14 15:44:23 UTC 2017


A Common Language In The Workplace February 13, 2017       THE NONPROFIT
TIMES

   Laws covering workplace discrimination can look bewildering to a harried
      manager. For example, laws protecting people based on national origin
      include protection for workers speaking various languages.


   The U.S. Equal Employment Opportunity Commission (EEOC) has issued an
   update of protection based on employees’ language backgrounds. Protection
   comes under several broad areas:
   - Accent Discrimination: Under Title VII, an employment decision might
   legitimately be based on an individual’s accent if the accent “interferes
   materially with job performance.” To meet this standard, an employer must
   provide evidence showing that: (1) effective spoken communication in
   English is required to perform job duties; and (2) the individual’s accent
   materially interferes with his/her ability to communicate in spoken English.
   - Fluency Requirements: English Fluency. Generally, an English fluency
   or English proficiency requirement is permissible only if required for the
   effective performance of the position for which it is imposed. Fluency in
   Languages Other Than English. Requiring fluency in a language other than
   English is only permissible if it is required for the effective performance
   of the position for which it is imposed.
   - English-Only Rules and Other Restrictive Language Policies: Policies
   Adopted for Discriminatory Reasons — A restrictive language policy violates
   Title VII if it is adopted for discriminatory reasons; and, Policies
   Applied in a Discriminatory Manner — Regardless of whether a restrictive
   language policy was adopted for nondiscriminatory reasons, the policy
   cannot be applied differently to employees because of their national origin.
   - Notice and Enforcement of Restrictive Language Policy. Employers must
   provide adequate notice of language-restrictive policies.

http://www.thenonprofittimes.com/management-tips/common-language-workplace/


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