Okay, first, a little background. I’m a manager of a restaurant in the suburbs of Boston. 99% of our employees are natives of Guatemala or the Dominican Republic, and speak Spanish. Most of them speak and understand English as well, but not as fluently. The managers, with the exception of one, do not speak Spanish at all. (Well, I can pick up bits and pieces, but only if you talk slow enough for me)
Over the past few months, one of the managers has become convinced that when they’re talking in Spanish, they’re saying negative remarks about us. This may or may not be true, but I have a pretty good idea that they’re only making general conversation amongst themselves, and he’s being overly paranoid. The general manager, in trying to please tha paranoid manager, banned Spanish from the line effective this week. They can speak it only in private, and out of earshot of management and customers. If anyone else is around, they must speak English. Tuesday, an employee was sent home because she was talking in Spanish to a manager trainee.
This has set everyone on edge…it’s turned into a crew vs. managers situation, and no one is happy. I’m in the middle, because I’m a manager, but I honestly don’t believe it’s the right decision to make. The crew is all on the verge of walking out, and the managers are all ready to fire everyone of them. Whereas we used to have a very closeknit restaurant, the sense of teamwork is gone, the loyalty is gone, and the smiling faces are gone.
So, I ask. Is it legal in America to ban employees from speaking a language other than English?
I can’t address the legality of the move, but won’t things get messed up more of ten if your employees can’t communicate with each other very well? How will special orders get communicated? Or the need for more supplies?
Why do people assume that those speaking a foreign language are talking about them? Talk about a complex.
IANAL (not by a long shot). But I am rather certain that laws of the sort that would apply here would be at the state level, not federal. Although, as I said, IANAL, so I could be wrong.
That having been said, I would find it surprising if this was not legal. Employers can require all sorts of stupid things from employees, such as wearing certain uniforms. They can demand certain behavior from their employees, such as how one greets and speaks to customers. I don’t see much of an extension from this to demanding that everyone speaks English at the workplace exclusively.
Whether it’s the right decision or smart decision is another issue entirely. But it is almost certainly a legal decision.
I’d stake my shirt on it being illegal. Indeed, the manager making public his assumption that the Spanish speakers are doing something wrong purely on the basis of language would probably be judged discriminatory in itself.
And I agree with Mithril that it’s an idiotic thing to do anyway (since when has it been good managerial practice to try to prevent any utterance of criticism?)
Where I work, all the “lower level” employees are bilingual. Most speak English with almost no perceptible accent, but being 2nd generation Cuban Americans they also speak Spanish. Most times they will speak in English, but sometimes–especially when their conversations become boisterous, they “switch” to Spanish. I think they do so almost subconsciously. It’s kind of weird.
Anyway, I don’t like when they do this. First off, it’s unnecessary. Their English is just as good as mine. Secondly, it does exclude the other folks in the lab. Even if I’m not a participant in the conversation, I’d still like to be able to know what they’re talking about so that I could “chime in”, ya know? It’s just as rude as if they were whispering amongst themselves. I’m not paranoid enough to think they could be talking about me, but they could be. How would I know?
Having to listen to a language you don’t understand all the time can make one feel like an outsider, like a foreigner. Now that I live in Miami, I feel like this all the time. I love everyone I work with, but when they start speaking in the language they know I don’t understand, I feel like maybe the feeling isn’t mutual.
So I can kinda see the point of the managers in the OP. I wouldn’t go as far as banning Spanish in the workplace (especially since not everyone is fluent in English and poor communication can cause errors), but I can see how having one language spoken can break down some of the tension.
I’d be surprised if it’s illegal. At the same time, the paranoid seems to be thinking, “Those bastards are talking shit about me? I’ll massively and condescendingly inconvenience them like a petty tyrant–then they’ll NEVER talk shit about me!” Not the brightest bulb, if you ask me.
Why should he give a shit if they’re talking smack about him? Let 'em do it, if it helps them blow off steam; I guarantee you this asshole is talking shit about his employees behind their bakcs, so it’s all equal in the end.
I just remembered that when I was in grad school (a whopping six months ago), it was widespread knowledge that a couple of the labs in the department had “English only” policies targeted especially to the Chinese students (who comprised the largest subpopulation of the grad students). The primary rationale of this policy was that the students needed to improve their English and they couldn’t do this if they were always speaking in Chinese. Also, professors were finding that they couldn’t give direction to their students anymore because the latter couldn’t understand them. That’s a big problem.
I’m also sure it pissed the hell out of the professors to walk into their labs every morning to find themselves in a Tower of Babel. So again, I can understand the side of “language control”. I’m just not sure how far I would take it.
What on earth is weird about reverting to one’s mother tongue in the heat of an argument?
Tough. If you want to chime in, learn Spanish. It’s not like they managed to learn English overnight.
Yep, you’re being paranoid. My (English-first-language) cousins often slip into Irish in the middle of a conversation without even realising it, because they’re so used to talking with bilingual friends that they habitually use whichever language is better suited to the particular point they’re making.
Don’t you think it has the potential to create tension?
I doubt seriously it is illegal if it is done correctly. Employers can dictate down to the words you use to answer the phone if they desire so I would bet they can include what language is spoken within their business if they desire. The key would be that it be a business-wide policy and not just targeted to certain people.
I agree that these laws would probably fall under state jurisdiction and could vary state to state.
monstro, I recall my daughter telling me of “English Only” rules in some of the labs while she was in graduate school. I also seem to recall her stories of some really talented and bright students who were struggling because they had resisted becoming fluent in English and could not make cogent presentations at seminars, etc because of the language barrier. In those cases I think it is even a disservice to a student to not encourage (even to the point of dictating) English language use on campus. That is the language spoken where they have chosen to receive their education and unless they speak it well they will not be able to convey their knowledge.
Here’s the ACLU’s page on “English Only” which has the comment: (bolding mine)
I’m finding that Massachusetts enacted a law in 1975 for English only, but I haven’t found details about it or any support to back up that claim.
IMO, let 'em speak Spanish. I’m sure by creating an English only environment that they’re going to be talking more negatively about things and it’s only going to cause more tension.
There’s an important distinction between language being used as part of the operation of the business, and general conversation while in the workplace.
It’s not all peace and love and understanding and respect for minorities in a Blue state. Even in the homosexual panacea and the home state of Kerry itself. Well, I’ll be. LOL.
Seriously, the managers are tad idiotic whether it’s legal or not. It sounds like your employees are mainly Spanish speaking and probably future ones will be as well. The restraunt is cutting off its nose to spite it’s face.
And that is a distinction I understand, however, if we are talking about a private business and I am assuming a restaurant would be, the owner has a tremendous amount of decision over how his employees behave and what they do while they are on his premises. I am not saying that the decisions made by business owner in the OP would be the correct thing to do. I do entertain the idea that it could be the correct thing to do but I would need an awful lot of first hand involvement to chime in on that. But I am saying that IMO he would be able to do so legally.
not exactly unnecessary. speaking in your mother tongue among friends (esp. strangers) can generate a sense of amiability that english may not provide. there are also many terms that simply do not translate well into english without losing it’s flavour. now that i think about it, i realise that the culture here (or among people i know at least) is to switch back to english when someone who don’t joins the group. this is done almost subconsciously. manners i guess.
i don’t see it as an unreasonable request to only speak english in front of customers, unless it’s a spanish restaurant.
IANA lawyer, but I have dealt with anti-discrimination laws in the workplace, so I can give a generic-type answer. For your specific situation, Pammipoo, you need to consult with a lawyer.
So, the general answer is that requiring a certain language be spoken (or forbidding other languages from being spoken) would be discriminatory based on national origin or ethnicity, which is illegal… UNLESS it is a bona fide occupational qualification. That is, if it is a legitimate work necessity, then the company can compel it.
So, for example, you could require English be used when dealing with customers. However, you could NOT require that workers speak English amongst themselves during lunch hour or time off.
It’s weird because 1) I’m not used to it , 2)it’s not always in the heat of an argument when it happens, and 3)it’s not like Spanish is their only “mother” tongue. The people I’m referring to are all Americans.
You’re right. They have spent their whole lives speaking English. And Spanish. They are perfectly able to chose which language they want to speak. That’s an awesome ability…something I wish I could do.
But I don’t think it’s just “tough”. I think it is impolite to unnecessarily exclude people from a conversation when they are within close earshot. You are just leaving the door open for paranoia and misunderstanding.
I am teaching myself Spanish, by the way.
And in response to your “tough” comment, I’m just being honest about how it makes me feel when I’m within earshot of a conversation (sometimes a very loud conversation) that I can’t understand. I’m not talking about people who struggle with the English language and must use Spanish to “fill in the gaps”. I’m talking about people who are equally fluent in Spanish and English and use them interchangeably.
How would you feel if you’re going on a road trip with four individuals. You only speak English. The others speak English and Spanish, and they do so equally well. Part of the trip they speak English, but sometimes they forget you’re there and speak Spanish. There are long stretches of time when the whole conversation is off-limits to you (everyone laughs suddenly and you realize someone just told a joke…should you ask what was said or just forget about it??). I think it’s human nature to feel a little excluded in a situation like this. (I use this as an example because it happens quite often to me. Sometimes the only way to get things “back” to English is by changing the topic, which is rude).
Maybe this is a question for Miss Manners. But I’m curious what Dopers have to say about something like this.
I’m not saying the situation in the OP is anything close to my experience, and I understand the desire to use the “mother” tongue when feeling familiar with others. I’m just saying that I can understand the feelings behind the managers’ decision. I don’t agree with the decision, but I can understand the feelings.
Don’t assume that being American means that they aren’t more comfortable speaking Spanish. And it’s not weird - you find it weird. Which, yes, is because you’re not used to it. But that’s all. The onus is on you to get used to it.
You’re assuming that they’re doing it to exclude you.
I’ve already given an example of where I find myself in a bilingual situation where I don’t understand one of the languages, and don’t have a problem with it. Sure, it’s human nature to feel a little paranoid - but human nature’s ‘fear of the unknown’ doesn’t always bring us to helpful conclusions. (And I’ve been in plenty of work environments similar to the one you described, and didn’t have a problem with it.)
I know this! There is no need to lecture me like I’m demanding everyone around me to speak English.
Someone doesn’t have to have rude intentions to be rude. I may not have nefarious reasons for whispering into someone’s ear. But I need to be understanding if the third person sitting right next to us feels uncomfortable about it. I don’t think it’s unreasonable to feel uncomfortable in a situation like the one I described. Polite folk usually avoid making people uncomfortable when they can.
Great for you. Maybe you’re the type who can tune out well. I generally can too. I am now an expert at “tuning out”. But I’m not about to pretend it doesn’t make me uncomfortable sometimes.
Human nature isn’t “right” or “wrong” all the time. Sometimes it just “is”. You may not have a problem with exclusive conversations, which is great, but that doesn’t mean that having negative feelings about them is wrong either.