banned from speaking spanish @work, med. office. they still want us to speak spansh to pts are we obligated?

Question

I work in a medical office all the latinos have been restricted from speaking spanish. we are an asset to the office, we do not get paid extra for interpreting some of us have taken a stand and are refusing to interpret. we were not hired as interpreters, we were hired as receptionist, x-ray technicians, etc.etc. what rights do we have. could we be terminated for refusing to interpret to the pts. that come in to see the doctors? we feel somewhat like we are being used. please advise. SERIOUS RESPONSES ONLY THANK YOU

Answer 1

There is a two-fold issue here:

First, and foremost, what do your job descriptions say? Any labor board will probably use those as a basis in any decision if you are fired because of a refusal to speak Spanish to a patient. If you don't have official job descriptions, or your job has changed siginificantly since you were given one, check with your labor board.

Myself, I would would be concerned about patient confidentiality and making myself liable for incorrect interperations unless I was specifically hired as such.

The second issue comes down to whether or not second languages should be allowed to be spoken in a workplace, as it's often detrimental to moral. The problem with it is that often times those using the lesser known language will use it to talk about their co-workers. This is usually the reason the secondary language is banned in the first place. It also tends to happen more often in places where the boss doesn't speak the second language.

The only places I've actually seen a second language banned from the workplace were specifically because it was being used for gossip and back-talk, leading to moral issues and disrespect. In all three cases, the issue came to light because someone the parties didn't expect understood the language or enough of it to get the gist of what was being said, and took action. Invariably, it led to a banning of any language but english. It's probably not the best solution, but it is easier to enforce. Take a good look at your workplace to understand why the ban was implemented in the first place.

The only time I've seen a ban not go into effect was when a new department head deliberately hid his ability to speak spanish for the first few weeks, then publicly embarassed those employees who had been abusing their co-workers inability to understand them by making several announcements in spanish. I don't know what was said, but the point was made.

Finally, I would approach the two issues as seperate, but related. That is, don't use the ban to justify not interpreting, but instead use it as the reason it got you to thinking about whether you are being paid to interpret or not. Again, I would be really worried about issues of patient confidentiality and safety, and putting myself at risk by interpreting when it's not in my job description.

IE,
"Sir, I understand your decision to ban us speaking spanish amongst ourselves. And while asking me to interpret for you with Spanish speaking patients isn't really related, the whole ban issue did get me to thinking about patient confidentiality and safety, and my liability for that while interpreting. So, I'd rather not do any more interpretation for you until we can get som elegal counsel on that. I just don't want to be blamed if some one gets hurt."

Answer 2

It all depends on the union contract (collective bargaining). If you are represented by a union, contact the union and find out. If there is no union, very much you are obligated. A job description is a contract between an employer and its workers. Usually it says that workers "are required to perform all other duties as required." Since interpreting for english-limited patients is job-related, you don't have a way out. If you refuse to do it, they can terminate you.

Answer 3

I would suggest, (and I'm by no means a lawyer) that you have a good case against your employer just for refusing to let you speak your native language. Unless your contract states that your job is to translate, then you are not in breach of that contract for refusing to do so.

Of course, you have to weigh up the moral responsibilty too - what if someone cannot receive appropriate medical treatment because you refuse to translate? Fight for the right to speak your own language amongst yourselves rather than depriving those that don't have that ability.

Answer 4

Yes. You are working for your employer and they have the right to discipline you if you refuse to perform as told, which includes termination. Your best bet is to find employment elsewhere. In fact, they can require you to speak or learn a language for a job. I knew an employer who said that if they hired someone who did not speak English, that person's supervisor would be REQUIRED to learn the language.

This may vary by state, but in Missouri it is the law.

Answer 5

It's true that you can be fired for having a beard, having certain political stickers on your car, and even smoking at any time in your personal life. So you have tough case there as for being banned from speaking spanish. I agree it's ridiculous, but hard to fight.

As for translating, you do have the right to refuse, but they can also find some other reason to fire you.

Answer 6

I do think you could be fired for refusing to interpret if it is considered to be part of your job. I am a little confused though, let me know if I am understanding correctly: they have forbidden you to speak Spanish at work except for when you are translating?

Answer 7

Are you working in the United States?
Your employer can set any rules that they choose. You have a choice to work under the employer's rules or quit. You also have to do what is required of the position or face the possibility of being fired. If you don't like the rules than find another job. That's what it's all about in the United States.
God Bless America!

Answer 8

i does no longer say all cool people communicate Spanish yet a great form of them do I do communicate some spanish yet i develop into married for 7 years to a guy from a spanish conversing united states and that i picked it up a sprint

Answer 9

ya veo que son racisitas i was told by the white people to get rid of 100 which where latino i am to and they did nothing wrong if i didnt do it i wouldnt lost my job

Answer 10

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