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The "Protecting English in the Workplace Act of 2007"

 
 
Foxfyre
 
  1  
Reply Thu 27 Dec, 2007 02:28 pm
old europe wrote:
I agree. And, as said before, businesses do have the right to expect their employees to speak English when it is necessary for the job.


What if the employer just wants to be able to understand what is being said in the workplace at all times whether or not it is necessary for the job? Is that unreasonable?
0 Replies
 
old europe
 
  1  
Reply Thu 27 Dec, 2007 02:29 pm
Foxfyre wrote:
What if the employer just wants to be able to understand what is being said in the workplace at all times whether or not it is necessary for the job? Is that unreasonable?


Yes. That's unreasonable.
0 Replies
 
Foxfyre
 
  1  
Reply Thu 27 Dec, 2007 02:35 pm
old europe wrote:
Foxfyre wrote:
What if the employer just wants to be able to understand what is being said in the workplace at all times whether or not it is necessary for the job? Is that unreasonable?


Yes. That's unreasonable.


Why is it unreasonable?
0 Replies
 
wandeljw
 
  1  
Reply Thu 27 Dec, 2007 02:51 pm
I agree with ebrown. I voted "other" (the bill will probably die in committee). There are many "political gimmick" bills languishing in Congress (constitutional restoration act, public expression of religion act, etc.). What such bills have in common is that whoever introduces the bill is merely trying to look good to the voters he considers to be his "base".
0 Replies
 
old europe
 
  1  
Reply Thu 27 Dec, 2007 02:57 pm
Foxfyre wrote:
old europe wrote:
Foxfyre wrote:
What if the employer just wants to be able to understand what is being said in the workplace at all times whether or not it is necessary for the job? Is that unreasonable?


Yes. That's unreasonable.


Why is it unreasonable?


Think of the consequences of allowing employers to fire employees merely because they were unable to understand what was being said in the workplace at all times - whether or not it was necessary for the job. Think of the consequences in a workplace with people who only speak English anyways.

Could an employer fire somebody because he was unable to listen to employee's phone conversation with employee's spouse? Could an employer install microphones in all rooms of the workplace to make sure he can understand what is being said in the workplace at all times, even if he is not in the room? Could an employer fire an employee for sharing a private joke with an other employee?

To me, that seems to be the very definition of 'unreasonable'.
0 Replies
 
Foxfyre
 
  1  
Reply Thu 27 Dec, 2007 03:18 pm
old europe wrote:
Foxfyre wrote:
old europe wrote:
Foxfyre wrote:
What if the employer just wants to be able to understand what is being said in the workplace at all times whether or not it is necessary for the job? Is that unreasonable?


Yes. That's unreasonable.


Why is it unreasonable?


Think of the consequences of allowing employers to fire employees merely because they were unable to understand what was being said in the workplace at all times - whether or not it was necessary for the job. Think of the consequences in a workplace with people who only speak English anyways.

Could an employer fire somebody because he was unable to listen to employee's phone conversation with employee's spouse? Could an employer install microphones in all rooms of the workplace to make sure he can understand what is being said in the workplace at all times, even if he is not in the room? Could an employer fire an employee for sharing a private joke with an other employee?

To me, that seems to be the very definition of 'unreasonable'.


Some businesses actually do have strict rules about non-business use of the telephone and employees cannot require privacy in such matters. An employer of course will usually allow such privacy, but s/he is not obligated to do so. The employer won't know if employees are off in the corner out of sight telling jokes or snickering about somebody or plotting something so that issue is moot. But employees conversing with other employees within earshot of other employees and/or their supervisor and/or the big boss or whomever could be discussing business issues that others should know about. Perhaps one employee is giving bad advice to another on how to accomplish a task or complete an order or deal with a customer or whatever. The supervisor or the big boss or even another more knowledgeable employee could intervene and avoid a serious mistake if they are able to understand the conversation in progress.

I don't think it is unreasonable at all to require employees to converse with each other all in the same language. As Jim pointed out earlier, sometimes it can be a matter of safety, even life and death. At the very least, everybody using the same language will almost certainly cut down on suspicions, will improve morale and company cohesiveness and cooperation.
0 Replies
 
Walter Hinteler
 
  1  
Reply Thu 27 Dec, 2007 03:27 pm
Foxfyre wrote:
I don't think it is unreasonable at all to require employees to converse with each other all in the same language.


So let's have a look at .... my nieces firm.
She heads a factory of an American company in Germany.
All her three co-managers are Americans who don't speak more than three words Germans.
All work instructions are (origianally) in US-English.
So, since the common language is English - all workers should speak English only? (Actually, most even can't speak German but only Baden dialect Laughing )
0 Replies
 
Mame
 
  1  
Reply Thu 27 Dec, 2007 03:28 pm
Well, I worked in a nursing home where there were people of several nationalities working there. I heard Filipino, Punjabi, Czech, some kind of Fijian dialect, Chinese, and of course, English.

It didn't offend me that they would eat their lunches and speak in Filipino. When they wanted to include us, they spoke in English. And y'know, maybe someone was having a personal problem and they wanted their privacy to chat about it.

I never thought they were talking about the rest of us (we're not that important!) and maybe they just found it easier/faster to communicate in their native tongue.

I never really found it a problem, anyway, since most of us got along.

I think I would highly resent working in a foreign country and being told I couldn't talk to someone on my cell phone in my own language.
0 Replies
 
jespah
 
  1  
Reply Thu 27 Dec, 2007 03:51 pm
In my office it's not uncommon to hear Tamil, Spanish, Mandarin and Arabic. Two people from Chennai are going to speak Tamil to each other and that's how business gets done more quickly, rather than sitting there and fumbling in English. Can they speak English? Yes. But to discuss whether to put a left bracket or a left parentheses into code it's not necessary to use English.

As for the employer wanting to be able to understand everything being said, that's long past. My employer certainly has no clue when I talk about SQL statements and I'm actually speaking English.

In an emergency situation, does anyone honestly think someone is going to think, "Oh God, I'd better speak English!" They're going to point and run out of the building and yell. And the rest of us will get it. In a customer-forward situation, yes, employees have to speak English, but that's because it's in the job description. But I think it has to be understood that we are talking (at least, I'm talking) about people who know both (and sometimes more than two) languages, not people who cannot speak any English whatsoever.

As for people who cannot speak any English whatsoever, I think it depends on the job. They may actually be hired to do coding, but more likely they would be hired for things more like clothing sorting. Does the company suffer if the people say jaune instead of yellow?
0 Replies
 
Walter Hinteler
 
  1  
Reply Thu 27 Dec, 2007 03:54 pm
Well, we have twenty-three official languages in the EU and everyone has the right work in any of the 27 member states ... And in Germany we've as officialese - besides German - Low German, Frisian, Sorbian and Danish.


All this weltschmerz about lingua franca ...
0 Replies
 
Foxfyre
 
  1  
Reply Thu 27 Dec, 2007 06:02 pm
Mame wrote:
Well, I worked in a nursing home where there were people of several nationalities working there. I heard Filipino, Punjabi, Czech, some kind of Fijian dialect, Chinese, and of course, English.

It didn't offend me that they would eat their lunches and speak in Filipino. When they wanted to include us, they spoke in English. And y'know, maybe someone was having a personal problem and they wanted their privacy to chat about it.

I never thought they were talking about the rest of us (we're not that important!) and maybe they just found it easier/faster to communicate in their native tongue.

I never really found it a problem, anyway, since most of us got along.

I think I would highly resent working in a foreign country and being told I couldn't talk to someone on my cell phone in my own language.


Lunch hours, coffee breaks, etc. were clearly exempt from the "English only" rules. The principle is that employers should not be fined or sued or otherwise punished for requiring their employees to speak English on the job nor should they have to go through a lengthy and costly legal process to prove that English was necessary in the work place.

This is not a difficult concept and should be easily considered without unrelated anecdotal evidence or fuzzy notions of who might be or might not be offended or discussions that some work places get along fine in multi-language settings.

The issue is none of that. The issue is whether the employer should be able to require his employees to speak English if that is what the employer wants.
0 Replies
 
ebrown p
 
  1  
Reply Thu 27 Dec, 2007 06:21 pm
Let's talk about the people targeted by this change to the Civil Rights Act.

The people in the specific suit were "clothes sorters" which certainly doesn't sound like a very good job. They were probably very low paid (even though there was no question of their ability at sorting clothes).

But they were fired.

We have no information about how this affected the families of these employees (or whether they had kids or people depending on them). But, I do know that losing a job is a hardship for anyone-- but for people in low paying jobs it is even worse.

We also have no information about what effort these employees made, nor what opportunities they had, to learn English. I do know that learning a second language is very difficult-- and even more difficult if you are poor (since you have fewer resources and less free time).

But what this law would mean is that any employer could then deny jobs for these people... we are basically plunging them into poverty, even though there is no question of them being able to do the job.

I wonder how long it would take you to learn a second language to where you could communicate... especially if I took away your ability to earn a living while you were doing it.

Putting families into a financial crisis is not a good thing to do at all if your aim is to help people learn English.
0 Replies
 
old europe
 
  1  
Reply Thu 27 Dec, 2007 06:33 pm
Foxfyre wrote:
Lunch hours, coffee breaks, etc. were clearly exempt from the "English only" rules. The principle is that employers should not be fined or sued or otherwise punished for requiring their employees to speak English on the job nor should they have to go through a lengthy and costly legal process to prove that English was necessary in the work place.

This is not a difficult concept and should be easily considered without unrelated anecdotal evidence or fuzzy notions of who might be or might not be offended or discussions that some work places get along fine in multi-language settings.

The issue is none of that. The issue is whether the employer should be able to require his employees to speak English if that is what the employer wants.



Employers can already define job requirements. It doesn't seem as if they have to "go through a lengthy and costly legal process to prove that English was necessary in the work place". It doesn't seem as if there are hundreds or thousands of cases were the EEOC sues small businesses.

Therefore, regarding the case that has been brought up as a kind of situation that needs rectifying, the issue seems to be whether or not an employer should be allowed to fire an employee for speaking a language other than English, even when the employee is not dealing with customers, English is not required for the job the employee is working on and there are no safety or other concerns that might require him to speak English.
0 Replies
 
Bi-Polar Bear
 
  1  
Reply Thu 27 Dec, 2007 06:37 pm
I think all non english speaking and in fact all non caucasian people residing in the USA should be immediately executed.... that's the Christian approach....
0 Replies
 
Foxfyre
 
  1  
Reply Thu 27 Dec, 2007 08:12 pm
old europe wrote:
Foxfyre wrote:
Lunch hours, coffee breaks, etc. were clearly exempt from the "English only" rules. The principle is that employers should not be fined or sued or otherwise punished for requiring their employees to speak English on the job nor should they have to go through a lengthy and costly legal process to prove that English was necessary in the work place.

This is not a difficult concept and should be easily considered without unrelated anecdotal evidence or fuzzy notions of who might be or might not be offended or discussions that some work places get along fine in multi-language settings.

The issue is none of that. The issue is whether the employer should be able to require his employees to speak English if that is what the employer wants.



Employers can already define job requirements. It doesn't seem as if they have to "go through a lengthy and costly legal process to prove that English was necessary in the work place". It doesn't seem as if there are hundreds or thousands of cases were the EEOC sues small businesses.

Therefore, regarding the case that has been brought up as a kind of situation that needs rectifying, the issue seems to be whether or not an employer should be allowed to fire an employee for speaking a language other than English, even when the employee is not dealing with customers, English is not required for the job the employee is working on and there are no safety or other concerns that might require him to speak English.


Did you read all 200 cases that have been brought up? Or are you basing your opinion on one that may or may not be accurately represented?

But whatever the case, and no matter how many 'cases' or red herrings or diversions or anecdotal or hypthetical incidents one wishes to throw into the mix, the question still remains whether an employer should have the right to tell an employee that he or she must speak English on the job if he or she wants to work at that company.

If you say that no, the employer does not have that right, then it isn't much of a stretch that at some time, based on this or similar precedent, the employer could be at risk of not being able to dictate dress codes for work if it doesn't really affect his/her job or dictate other standards of deportment or possibly even hours if it really doesn't matter which six or seven or eight hours an employee decides to work out of a work day.
0 Replies
 
Mame
 
  1  
Reply Thu 27 Dec, 2007 08:22 pm
Foxfyre wrote:

Lunch hours, coffee breaks, etc. were clearly exempt from the "English only" rules. The principle is that employers should not be fined or sued or otherwise punished for requiring their employees to speak English on the job nor should they have to go through a lengthy and costly legal process to prove that English was necessary in the work place.

This is not a difficult concept and should be easily considered without unrelated anecdotal evidence or fuzzy notions of who might be or might not be offended or discussions that some work places get along fine in multi-language settings.

The issue is none of that. The issue is whether the employer should be able to require his employees to speak English if that is what the employer wants.


Well I already answered your "issue" on PAGE 1 of this thread. I think you're getting a consensus here, so why not just accept it and move on to another issue?

In summary, we don't think it needs to be legislated, and we don't think it's an unreasonable company policy if it's required in order to conduct the business of the company. Anything else is an invasion of privacy.
0 Replies
 
ebrown p
 
  1  
Reply Thu 27 Dec, 2007 08:24 pm
Foxfyre,

You are still ignoring the fact that these 200 cases are being brought up under the Civil Rights Act of 1964.

It is against the law for businesses to discriminate against workers based on things that have to do with their religion, race or national origin. The rules say you can't single out and fire people for reasons that have nothing to do with job performance.

This is an important civil rights protection because businesses have long used these arbitrary rules that have nothing to do with job performance to weed out employers based on things like race.

It is fundamentally wrong to screw around with important civil rights legislation for little more than political gimmickry.
0 Replies
 
old europe
 
  1  
Reply Thu 27 Dec, 2007 08:44 pm
Foxfyre wrote:
Did you read all 200 cases that have been brought up?


No. Can you point me to a list of those 200 cases?


Foxfyre wrote:
Or are you basing your opinion on one that may or may not be accurately represented?


I'm talking this specific case, because, according to Lamar Alexander's own website, "Alexander was prompted to act after a lawsuit was filed in March by the EEOC against the Salvation Army."

This case seemed to be so threatening to introduce legislation, so I'm mainly talking about that.


Foxfyre wrote:
But whatever the case, and no matter how many 'cases' or red herrings or diversions or anecdotal or hypthetical incidents one wishes to throw into the mix, the question still remains whether an employer should have the right to tell an employee that he or she must speak English on the job if he or she wants to work at that company.


I'm not sure whether that question still remains. Title VII of the 1964 Civil Rights Act seems to allow an employer to enact an English-only rule when it is adopted for nondiscriminatory reasons and constitutes a "business necessity".
0 Replies
 
Foxfyre
 
  1  
Reply Fri 28 Dec, 2007 01:43 am
Mame wrote:
Foxfyre wrote:

Lunch hours, coffee breaks, etc. were clearly exempt from the "English only" rules. The principle is that employers should not be fined or sued or otherwise punished for requiring their employees to speak English on the job nor should they have to go through a lengthy and costly legal process to prove that English was necessary in the work place.

This is not a difficult concept and should be easily considered without unrelated anecdotal evidence or fuzzy notions of who might be or might not be offended or discussions that some work places get along fine in multi-language settings.

The issue is none of that. The issue is whether the employer should be able to require his employees to speak English if that is what the employer wants.


Well I already answered your "issue" on PAGE 1 of this thread. I think you're getting a consensus here, so why not just accept it and move on to another issue?

In summary, we don't think it needs to be legislated, and we don't think it's an unreasonable company policy if it's required in order to conduct the business of the company. Anything else is an invasion of privacy.


Well I am not part of that consensus because if I was making the official rule, the employer would be able to decide for himself/herself that he/she wanted all personnel to speak English on the job and would not have to go through a costly legal process in order to satisfy some criteria that would allow that to be 'necessary'. If the boss wants the employers to speak English for any reason, the employees should speak English on the job.

I accept that you do not agree with that.
0 Replies
 
Foxfyre
 
  1  
Reply Fri 28 Dec, 2007 01:44 am
Mame wrote:
Foxfyre wrote:

Lunch hours, coffee breaks, etc. were clearly exempt from the "English only" rules. The principle is that employers should not be fined or sued or otherwise punished for requiring their employees to speak English on the job nor should they have to go through a lengthy and costly legal process to prove that English was necessary in the work place.

This is not a difficult concept and should be easily considered without unrelated anecdotal evidence or fuzzy notions of who might be or might not be offended or discussions that some work places get along fine in multi-language settings.

The issue is none of that. The issue is whether the employer should be able to require his employees to speak English if that is what the employer wants.


Well I already answered your "issue" on PAGE 1 of this thread. I think you're getting a consensus here, so why not just accept it and move on to another issue?

In summary, we don't think it needs to be legislated, and we don't think it's an unreasonable company policy if it's required in order to conduct the business of the company. Anything else is an invasion of privacy.


Well I am not part of that consensus because if I was making the official rule, the employer would be able to decide for himself/herself that he/she wanted all personnel to speak English on the job and would not have to go through a costly legal process in order to satisfy some criteria that would allow that to be 'necessary'. If the boss wants the employers to speak English for any reason, the employees should speak English on the job.

I accept that you do not agree with that.
0 Replies
 
 

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