Can I require that a manufacturing temp speak English as a first language?

Question

i work for a manufacturing company...usually, i don't care how well a person speaks English...but i need technical help on a very time sensitive program, and i need someone that speaks "perfect English", in the sense that English is their primary language, and at least understand the words i speak...So that i don't have to explain what i mean when i use standard American English or slang, and so that i can understand the other person easily when they talk

is this legally acceptable? i don't consider this to be discriminatory, because the capability to speak a language is a skill, and people can be hired and fired based on skills...its not like the job doesn't req language, and i just want an American or anything like that... I just don't have the time to teach someone how to do what i need them to do, while teaching them English...

I DO NOT WANT YOUR MORAL OPINION. I NEED TO KNOW THE LEGAL IMPLICATIONS.

Thanks

Answer 1

You can't require it to be a first language, but you can require a certain level of proficiencey in the language. That would need to be spelled out in the job description.

Answer 2

Yes ... you can. All you have to do is establish a necessity for the person being hired to speak English. All kinds of industries have requirements for employment that specifically details native English fluency as a requisite.

In the case of a manufacturing company you could easily establish that a person who does not speak English would represent a significant risk to the safety and efficiency of the company. For instance, if they are required to operate dangerous equipment as a part of their job functions if you cannot ensure they understand the instructions they are being given that would represent a significant danger not only to the person being hired, but potentially to every employee in their vicinity.

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For the other respondents to this question ... yes, you can require an applicant to natively speak a language. It is perfectly legal as long as you can justify the reason for it. Language companies frequently exclude non-native speakers of languages no matter how fluently you can speak a language -- if you are not a native speaker they won't hire you. Furthermore, there are government and defense contract jobs that specifically exclude non-native English speakers, because they can establish the necessity for native speaking candidates.

I've been turned down for several jobs in the language field because I was not a 'native speaker' even though I could speak the language at a native level. It's just the way it goes ...

Answer 3

Yes, you can phrase one of the job requirements as "High proficiency in technical writing in English required". This is not discriminatory, any more than it would be discriminatory to ask that a translator or a technical writer for Europe have equivalent high proficiency in the French language.

In a nutshell, you can reject anyone for a job based on lack of a LEARNED skill (and language does fit in to that). Discrimination is when you reject someone based on what they have no control over or a lifestyle that has nothing to do with the job, such as age or skin color, religion or marital status.

Answer 4

Yes you can and no you are not discriminating. Some positions do require the employee to be able to speak English, or even another language.

I was not hired for a job once because English is my primary language and the position required knowing both English and Spanish and I didn't know Spanish well enough.

Answer 5

You cannot require that it be their "primary language", but you can definitely say high proficiency in English and that proficiency should be established by a Resume and an interview. Wait you say..."so that they understand when i use standard American English or slang" maybe it is your English which needs improvement....I sometimes don't understand slang and English is my primary language. Take a closer look at the situation and define if it is the colloquial English which is not being understood or English in general. People are not required to know slang and you may find yourself involved in a discrimination law suit.

If you need someone to be profficient in English, yes you can require that.

If you need someone profficient in slang and colloquial English, then you may have some difficulty.

Good luck.

Answer 6

Your best option would be to check with an employment attorney in your state as to specific wording to put in an ad.

However, although you can request that the person be fluent in English and administer test to prove that the person is, but if you specifically indicate that the person has to speak "English as first language" you are inviting a lawsuit.

Answer 7

the United States does so why wouldnt you be able to. if they cant understand you they cant possibly know what is expected of them. And i dont think that they would make you hire a translator so i dont see any other option.

Answer 8

Yes, I believe you can. Just put in in the job description as a requirement.

Good luck!