ENGLISH fluency requirements in the workplace are important because they can influence effective communication between coworkers, supervisors, and customers, said Lon Williams Jr of Bracewell and Giuliani LLP.
However, requiring English-only is different from a requirement for an employee to be proficient in English in order to perform a job, he added.
The attorney discussed this and other issues related to labor and employment law at the Dairy Distribution and Fleet Management Conference March 28-31 in San Antonio, Texas.
Williams suggested that companies consider alternatives to an English-only policy. If English fluency is required, however, companies must have a defensible, documented business justification for the rule. Plus, policies should exclude English-only being spoken during break times and at meals.
When preparing policies, managers must see that they are written in English, as well as in the employee's primary language, and train other managers in the procedure implementation.
On the matter of employee identification, Williams said a uniform policy of verifying names and Social Security numbers for all new hires is essential. The Social Security Administration (SSA) provides a verification service and has established specific procedures for addressing mismatches.
He recommended that employers compare incorrect Social Security numbers to employment records to determine if the error is typographical. Should the record be inaccurate, numbers can be submitted to the SSA for further investigation.
With regard to retaliation claims, defined as an employer taking an adverse action against an employee because the employee engaged in some type of legally protected activity, he advised managers to seek advice before taking such actions, make efforts to avoid employee resentment, prevent management derogatory remarks, educate employees regarding coworker retaliation, and ensure that relevant policies address retaliation.
