Bill Piatt - Language on the job: balancing business needs and employee rights
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Language on the job: balancing business needs and employee rights
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Library of Congress Cataloging-in-Publication Data
Piatt, Bill. Language on the Job: balancing business needs and employee rights / Bill Piatt. p. cm. Include index. ISBN 08263-1410-4 1. Discriminationin employmentLaw and legislationUnited States. 2. Linguistic minoritiesLegal status, laws, etc.United States. 3. United StateslanguageLaw and legislation. I. Title. KF3466.P5 1993 344.73'011 33dc20 [347.3041133 92-28784 CIP
1993 by the University of New Mexico Press All rights reserved. First Edition
Page v
Otra vez, para Rosanne, Seana, Bob y Alicia
Page vii
CONTENTS
Preface
ix
Acknowledgments
xiii
Part One Market Perspectives
Chapter 1 Changing Workforce and Markets
3
Part Two The Law Applied and Critiqued
Chapter 2 Language and Hiring, Promotion, and Retention Decisions
35
Chapter 3 Communication Among Employees
59
Chapter 4 Communication Between Employees and Customers
75
Chapter 5 Unionized Employees and the Duty of Fair Representation
93
Part Three Striking the Balance
Chapter 6 Reexamining the Approach of the Legal System
113
Chapter 7 Models for Accommodation
133
Table of Cases
145
Index
151
Page ix
PREFACE
According to the Wall Street Journal (November 7, 1989, p. Bl) language is rapidly becoming a "sticky issue" in the workplace. Given the ongoing language rights debate in this country, this should come as no surprise. As jobs become more complex, and immigrants and other people with limited English proficiency make up a rising share of the work force, employers, employees and unions will be required to struggle with some basic questions:
(1) Should employers hire people with limited English skills or "foreign" accents?
(2) What happens when employees decide to use their native tongues among themselves, especially in front of co-workers, supervisors or customers?
(3) Must an employer pay a worker an additional increment for the use of the employee's language skill when the employee is required to use that language with customers?
(4) How can a union provide the necessary "duty of fair representation" to employees with limited English skills?
(5) How can all parties equitably resolve the inevitable disputes that will arise as a result of these concerns?
This book is an attempt to analyze these issues and provide useful approaches to their resolution. I bring to this process the spirit and assumptions of my previous law and language writings. That is, I assume that much of the confusion in our present system exists because well-intentioned people do not understand the
Page x
complex historical, legal, political, philosophical, and economic interests at stake. The resulting confusion creates an unhealthy environment which breeds mistrust and division. Unfortunately, it also provides not so-well-intentioned folks with an opportunity to exploit the confusion and overreact with simplistic and counterproductive measures such as the attempt to impose blanket restrictions against the use of languages other than English.
Another assumption I make from the outset is that demographics and consumer demands will continue to reflect a growing multilingualism in the marketplace. As industry and government seek to meet the increasing demands for multilingual personnel and for marketing and training material, language rights issues will need to be resolved prospectively; the costs and disruptions of litigation make it simply too inefficient. Most of the potential controversies can be anticipated and resolved by agreement in advance. Mechanisms for the equitable resolution of those disputes which cannot be anticipated can be built into such agreements. Where no such agreements exist, parties can make use of options other than litigation for resolving language rights disputes. And, in the unfortunate circumstances where litigation becomes the only method for resolution of the controversies, a knowledge of the legal framework should speed the process.
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