| Written by Maria Elena Salinas |
| Monday, July 14 2003 |
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| Either the lines are crossed or the numbers confused, but every once in a while I get phone calls on my direct line at work for the headquarters of a well-known 24-hour convenience store. Most of the calls are employees complaining about their insurance claims or their paychecks. But the other day, I had a couple of messages from a disgruntled customer. He was upset because the attendant, who had limited English-language skills, could not understand his request for buttermilk and butter-crust bread.
"I have no problem with people speaking Spanish," the customer said, "but they should teach them the fundamentals of the products they are selling." I agree with the disgruntled customer. People who work directly with the public should speak English. However, that does not take away the right of a worker to speak his or her native language, whether it's Spanish, French, Chinese, Vietnamese or Farsi.
The law states that penalizing an employee because he or she speaks in his or her native tongue, or because he or she speaks with an accent, is considered discrimination due to national origin. There have been a number of cases across the country in which the Equal Employment Opportunity Commission has had to interfere on behalf of workers who were fired or sanctioned because they speak another language. One of the most notable cases is the $700,000 award given to 13 Hispanic workers at a Texas long-distance telephone company that banned employees from speaking any language other than English at all times, including on lunch hours and other breaks.
There are some obvious exceptions listed in the EEOC's manual in which an employer can demand the use of English only. For example: to promote the safety and efficiency of a business or when the individual's language limitations materially interfere with the ability to perform job duties. There are probably dozens of scenarios in which these rules can apply, but to put it simply, if you are an air-traffic controller you'd better speak English, or if you are an attendant at a convenience store, such as the one I mentioned before, you should speak English, but not all professions require it.
It would not be surprising to find the cooks in a Chinese restaurant speaking Mandarin to each other or some manicurists speaking Vietnamese. A New York City cab driver might speak Arabic on his cell phone, and maintenance workers in a hotel might communicate in Spanish. These workers, by law, have the right to speak their native languages. For many foreigners in this country, it is very difficult to learn a new language, not to mention someone who is older or has limited learning skills. Many of these people have service-type jobs, where their manual skills -- not their language skills -- are necessary.
It is no secret that I advocate the use of the Spanish language. Hispanics are too big a group to ignore, and their language is an important cultural component. Having said that, I also believe that it is important for newcomers from any country, including Spanish-
speaking countries, to make an effort to learn how to speak English. If you are going to live in a new country and you want to succeed and progress, you need to learn the language. If you want to be able to participate more actively in civic life, you need to be able to communicate more effectively. But clearly, learning English does not take away your right to make use of your native language. |
