[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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