Language Barrier

[bjf2312579]

What is the name of your state (only U.S. law)? MN

Hello all.

I have an employee who works as a cook. Spanish is her primary language and she has great difficulty understanding and reading the English language. She has worked for my employer for a few years. The reason this is becoming an issue only recently is that the recipes have changed considerably to allow for a more nutritious menu. The recipes are somewhat more complicated and require many more steps. However, nothing about the job description has changed because the essential functions of the position are the same even with the new recipes. The KSA portion of the job description contains the language: "Ability to read, write and communicate effectively with co-workers and customers." The inability to understand the recipes and her supervisor's directions has had an increasingly negative effect on her job performance (and these instances have been documented).

I am wondering about all the potential legal avenues in which this can cause problems for us as the employer. Does this issue fall under the umbrella of reasonable accomodation even though it has nothing to do with a disability? That is, can the employee argue that we should explore reasonable accomodations to correct her inability to complete the essential functions of the position such as sending her to language courses, translating the recipes, etc.? Also, is there an issue with the fact that the job description for her position has not changed because they are not new duties (just the recipes have changed) and they fall under the same essential functions listed in the job description? I worry that she can argue that we had no problem with her English limitations before, but as far as I understand, anytime that performance is suffering and the reason is something we have specifically addressed as essential in the job description, we have cause to discipline or terminate if poor performance contintues (and is documented)?

Any information or things I have not considered would be greatly appreciated. Also, any specific state or federal statutes that pertain are always appreciated.

 

[tranquility]

While it is certainly possible the language problem is the result of a disability, why worry about it? First of all, there is no reason to suspect there is a disability here so don't worry about accommodating it.

Second, and more importantly, cooking is cooking. If a person makes her living being a cook, new techniques and recipes should not take forever to learn. If the person is an otherwise good employee, a little time and google translate might very well allow you to keep her.

Why am I thinking you want her gone?

 

[xylene]

From my expereince in food service, if a cook can't keep up with the changes in the menu, they are gone.

Plenty of qualified people already know the techniques.

I don't see why you have to give the this person a lot of time to come up to speed on these changes, but I have to say that it sure reads like you've already decided.

 

[bjf2312579]

The dept does not want to terminate her but we would like to get a better understanding of all of the legal issues in case the performance issues continue.

Also, are there any legal issues to consider if we would like to ask her to take some language classes to help in her job duties?

 

[Silverplum]

The dept does not want to terminate her but we would like to get a better understanding of all of the legal issues in case the performance issues continue.

Also, are there any legal issues to consider if we would like to ask her to take some language classes to help in her job duties?

You use the term "KSAs" in post #1 and now "the dept." I wonder, is the employer the Federal government?

 

[tranquility]

The dept does not want to terminate her but we would like to get a better understanding of all of the legal issues in case the performance issues continue.

Also, are there any legal issues to consider if we would like to ask her to take some language classes to help in her job duties?

It depends on how you ask--and why. But, it seems you have an agenda you are not disclosing. I say again, cooking is cooking. If an experienced cook cannot change to new recipes and techniques in a fairly short time with a little help, a better grasp of the language will not change things. Tomato instead of tomate is not going to require a year of English to understand. What is the real problem?

 

[ecmst12]

If you don't want to fire her, and you think it will help, get the recipes translated. That's a fairly simple thing. If it doesn't help, then you'll know it's not a language problem.

 

[bjf2312579]

State government.

No there is no other problem other than her performance is not meeting expectations and her supervisor believes it is due to the language barrier and the ability to understand and read directions is included in the job description.

Management would like to recommend that she take some language courses because they want to keep her as a staff. I am wondering if this recommendation should be documented with the purpose of improved performance being included?

 

[cbg]

If you're going to recommend them at all, then yes, it should be part of a PIP.

 

[Silverplum]

State government.

No there is no other problem other than her performance is not meeting expectations and her supervisor believes it is due to the language barrier and the ability to understand and read directions is included in the job description.

Management would like to recommend that she take some language courses because they want to keep her as a staff. I am wondering if this recommendation should be documented with the purpose of improved performance being included?

There is no reason whatsoever for a state government employee to be asking legal questions on the web.

 

[bjf2312579]

Just trying to get multiple perspectives..

 

[tranquility]

There is no reason whatsoever for a state government employee to be asking legal questions on the web.

I agree. This smells a bit and I don't think it is just a bad batch of guacamole.

 

[Just Blue]

Just trying to get multiple perspectives..

Unless you are the owner of the place, STOP.

 

[Silverplum]

Just trying to get multiple perspectives..

There is but ONE perspective you need: that of your HR department. They'll answer to your state's Attorney General, who is the only department needed to be advising them.

 

[You Are Guilty]

If only being able to speak Spanish precluded one from performing the functions of a cook, then I'd wager that about 90% of NYC's restaurants would be out of business.

Clearly, there is more afoot here.