English Only Rule- Case Study

Case Study - English Only Rule

Background of Case

The following is a case study of Hispanic workers, suffering from English only Rule. English only rule is the rule requiring employees to speak only English in the work place at all times including breaks and lunch time. In this case 18 Hispanic workers were hired as housekeepers in a Catholic University and Director of housekeeping has implied English only rule in the workplace at all times. Here these workers are constantly reprimanded for not complying with this directive which leads them to encounter repeated verbal and physical abuse, as well as ethnic slurs.

Pros and Cons of the English only rule

Pros of English only rule

1)      Learning to speak English empowers immigrants. Here in this case with this rule Hispanic workers could be motivated to learn the English language which is essential and is 1^st step to succeed in U.S.

2)      Speaking English in the workplace where English is first language will bring positive impact on team dynamics.

3)      Speaking English in the workplace enables good consumer relationships.

Cons of English only rule

1)      English only rule disables the people to express them in a most appropriate manner as they would have express in their native languages.  

2)      English only rule may discourage additional language learning, which would have negative implications for international trade and diplomacy in an increasingly globalized world.

3)      English only rule limits diplomatic benefits of linguistic diversity.

4)      English only rule can operate as a barrier to employment which may result qualified workers from being hired or resulting in their discipline and termination.

EEOC Rules

According to the Equal Employment Opportunity Committee (EEOC) guidelines on English only rule states that English only rules violates the law unless they are reasonable necessary to the operation of the business.

Section 1606.7(b) Speaking –English –only rules

·         A rule requiring English to be spoken at all the times disadvantages an individual’s employment opportunities on the basis of national origin, which could result in a discriminatory working environment

·         An English only policy that applies at certain times for which an employer can demonstrate a business necessity, i.e., for customer/consumer satisfaction conversations with co-workers, and safety sensitive types of work is appropriate (this would include health care).

Business necessity includes:

1)      For communication with customers, coworkers, or supervisors who only speak English.

2)      In emergencies or other situations in which the English only rule is needed to promote efficiently.

3)      For cooperative work assignments in which the English-only rule is needed to promote efficiency.

4)      To enable supervisor who only speaks English to monitor the performance of an employee whose job duties require communication in English with coworkers or customers.

Violation Committed or Not

Yes, there was a violation that was committed in this case.

Violation made under business necessity rule:

The EEOC rules clearly states that workers are complied to speak English if there is business necessity. In this case these workers are hired as housekeepers in Catholic University. And as a housekeeper they have to interact with students who might not understand other languages than English. These situations may lead to misunderstanding between university students and workers.

Violation under work efficiency:

Using their native languages may lessen the workplace harmony which may reduce the work efficiency and could make the negative impact on team dynamics. Team dynamics is very necessary to work efficiently and effectively in any organizations.

Analysis

Laws are laws and everyone should follow the law whether you like it or not. Here we found that Hispanic workers had violated the law but using the ethnic slurs and verbal and physical abuse as a punishment is neither the law nor the solution of the problem. So in this case these Hispanic workers can file the case with the EEOC under National Origin Discrimination under Title VII

According to the EEOC, Section 1606.7(c) Speaking –English –only rules states that

As with all workplace policies, English –only rule must be adopted for nondiscriminatory reasons only. An English only rule would be unlawful if it were adopted with the intent to discriminate on the basis of national origin.

Recommendations:

To resolve this case our recommendations are:

1   The employer should consider whether there are any alternatives that would be equally effective in promoting safety and efficiency.

2    An effective English speaking course can be implemented which will help the workers to learn and improve their English.

3.   Employer can give permission to employees to speak their native language during lunch and employee breaks as this does not have any negative impact on business efficiency.

4.    Employees must administer the policy consistently with all the workers.

References

EEOC rules stating National origin discrimination, Retrieved from

http://www.eeoc.gov/eeoc/index.cfm (9/1/2015)

Pros and cons of English only rule, Retrieved from

http://debatepedia.idebate.org/en/index.php (31/8/2015)

Violation of English only rule, Retrieved from

http://www.dol.gov/oasam/programs/crc/20120321-FINALEnglish-Only-Rules (9/1/2015)