DVD『日本人マネージャー必須DVD - セクハラ基礎知識:アメリカ版』一部抜粋

ウェビナー『人事管理の最新事情』一部抜粋

Online Seminar

<!–:en–>CHECKLIST FOR ENGLISH-ONLY POLICIES<!–:–><!–:ja–>ENGLISH-ONLY POLICIESの作成のためのチェックリスト<!–:–>

August 24, 2011

Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA)—the federal and state anti-bias laws—both allow employers to adopt English-only policies for their employees in limited circumstances.

You may adopt an English-only policy only if it is justified by a legitimate business necessity. An English-only policy is unlawful if adopted with the intent to discriminate based on national origin. Similarly, a policy that prohibits some but not all foreign languages spoken in a workplace, such as a no-Arabic policy, is unlawful.

The following checklist will help you avoid charges of national origin discrimination when you adopt an English-only policy:

QUESTION YES NO
Is the policy necessary for the safe & efficient operation of your business?    
Have you received complaints that employee don’t understand instruction?    
Do you have legitimate concerns that safety problems will develop because of misunderstood communication?    
Do you have legitimate concerns that productivity is hindered by ineffective communication?    
Does the policy effectively fulfill the business purpose it is supposed to serve?    
Is no alternative practice available that would accomplish the business purposes equally well with less of a discriminatory impact?    
Is the policy limited to times when it is justified by a business necessity? For example, you can require sales staff to speak English while on the retail floor but not during meal break periods.    
Have you notified your employees of the circumstances and the time when the language restriction is required to be observed & of the consequences for violating the policy?    
Do you enforce the policy consistently? Don’t allow some employees to speak their native language but not others.    

 

For illustration purposes, the U.S. Equal Employment Opportunity Commission has indicated that the following are
some situations in which an English-only policy would be justified: (1) to
communicate with customers, co-workers, or supervisors who speak only English,
(2) in emergencies or other situations in which workers must speak a common
language to promote safety, (3) for cooperative work assignments in which the
English-only policy is needed to promote efficiency, and (4) to enable a
supervisor who speaks only English to monitor the performance of an employee
whose job duties require communication with co-workers or customers. June 2011,
BNA California Employer Advisor.

Upcoming Seminars

November 2020
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
30EC
December 2020
M T W T F S S
 123456
78910111213
14151617181920
21222324252627
28293031EC