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Speaking Spanish

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wyomking

Guest
What is the name of your state? WY

My wife is Hispanic, though born in America, and was hired by a bank partly because of her Spanish-speaking abilities in reaching out to a large Hispanic population in our community. There are three Hispanic employees in her branch, and they often speak in their ancestral language when two or more are together. This has never been a problem in the past; however, recently she was informed that they could no longer speak Spanish to one another while behind the teller line because it makes the English-speaking tellers uncomfortable. When they questioned the veracity of this new rule, Human Resources supposedly conferred with the bank's attorneys and stated that the bank has the right to make up and enforce a new rule that is not in writing, and that they can make this rule effective in this branch, with the claim that it does not violate "free speech," nor is it any form of racial discrimination.

Is this correct or not? Can they really do this without violating Constitutional rights and/or civil rights?:(
 
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Beth3

Senior Member
Yes, they really can do this.

An employer may enforce an "English only" rule as it relates to conducting matters of business but they cannot insist upon that when it comes to social conversations. So the bank may require all the tellers to speak English among each other while on duty at the teller line but not when they're on break or casually visiting among themselves in the same manner in which other employees are allowed to do in English. If there are chit-chats Monday morning among co-workers about their weekends which are allowed, then the Spanish-speaking employees have to be allowed to have those conversations among themselves in Spanish.

By the way, none of this has anything to do with Free Speech, which is an issue between citizens and the government, not employees and their employer. There is no legal requirement that employers put work rules in writing either.

Perhaps the co-workers will calm down after a while when they get used to the fact they're in a bi-lingual work environment. In the meantime, an employer may enforce an English-only rule when it comes to conducting business matters.
 
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wyomking

Guest
Thank you for your reply - it was a help, though not necessarily what we wanted to "hear."

By the way, my wife is the main and best customer service individual for that branch (quoting the president). As mentioned, she was hired partly for her Spanish-speaking abilities - they definitely want her to use Spanish in business relations. It's the social level that they insist on English only, because it makes a couple of other employees "uncomfortable" to have Spanish spoken around them since you might be talking about them and they wouldn't know it.

Wouldn't the same apply concerning two or more employees laughing or whispering while throwing pointed glances toward another employee, then ceasing these antics when that employee approaches them or their area?

And I still wonder if this isn't discrimination since no other language or activity was involved in the policy-making, only speaking Spanish with other employees, now prohibited anywhere and anytime in that branch building.:confused:
 
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Beth3

Senior Member
Wyomking, please re-read my original post. If your wife's employer has prohibited Hispanic employees (or employees of Hispanic descent) speaking Spanish to one another anywhere and anytime in that branch building, they are violating EEOC regulations.
 
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wyomking

Guest
Thank you - that's what I thought, but I was not wording the idea properly (i.e., violation of EEOC regulations).:cool:
 
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kbear71

Guest
That was interesting to know about the policy that a business can enforce. Personally, I think that it is rude to converse in another language when a common language is shared in the workplace. It sounds as though the employees speaking Spanish are attempting to distance themselves from the other employees when they exclude others from their Spanish conversations. I would venture to say that the Spanish speaking employees are probably feeling some hostility from the non-speaking Spanish employees, which may make the employer sensitive to team building relationships at work.

On the side, I understand and speak Spanish. I never let on that I know Spanish unless the speakers are talking about me. Then I respond appropriately to them in Spanish.
 

Beth3

Senior Member
If several of us were working at the same place in a foreign country, wouldn't it be natural for us to have the social conversations among ourselves in our native language? We'd do it without even thinking. The problem is that co-workers start getting paranoid and assume that these individuals are talking about them, which is pretty narcisistic.

I have little doubt that's what's behind the complaints from the co-workers. I've seen it happen first-hand.
 

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