discrimination?? using foreign language

[martha12592]

What is the name of your state? MICHIGAN


I am working in a nursing home as part of the rehabilitaion team and at times me and my co-team members communicate in our own native tongue ..... what are the grounds on this matter . because we do feel our supervisor has becoming discriminatory. He has been looking at our faults eg. one morning in front of the whole department and some of our patients mistakenly spoke a word using our language the boss shouted at her face and told her that he is giving her final verbal warning ... she felt so humilaited and today that same boss eavesdrop on her phone conversation with her husband using the foreign language and was reprimanded again.

 

[Beth3]

An employer can make an "English only" rule as it pertains to discussing business matters in the workplace but an employer cannot make a blanket English only rule when it comes to personal conversations on non-work time. So, for example, employees are free to speak in Spanish to one another when they are on break.

At a minimum, this supervisor was way over that line for reprimanding the employee for speaking her native language to her husband while on a personal phone call. The employee may wish to file a complaint of prohibited discrimination with her State's equal rights division or the federal EEOC.

 

[BelizeBreeze]

What is the name of your state? MICHIGAN


I am working in a nursing home as part of the rehabilitaion team and at times me and my co-team members communicate in our own native tongue ..... what are the grounds on this matter . because we do feel our supervisor has becoming discriminatory. He has been looking at our faults eg. one morning in front of the whole department and some of our patients mistakenly spoke a word using our language the boss shouted at her face and told her that he is giving her final verbal warning ... she felt so humilaited and today that same boss eavesdrop on her phone conversation with her husband using the foreign language and was reprimanded again.

And I would have busted her butt too, regardless of the language used, if the call was taken during working hours.

Which, it seems, you failed to mention.

 

[Beth3]

Wait a second, Belize. Most employers don't object to incidental use of the phone during working hours for a brief personal phone call.

 

[BelizeBreeze]

Wait a second, Belize. Most employers don't object to incidental use of the phone during working hours for a brief personal phone call.

Well dear, THIS ONE obviously does (as do I) and voiced that opinion. Which makes me wonder if this isn't just a disciplinary action which is perfectly legal.

If she doesn't want a problem in the future then tell hubby to stop calling. PERIOD! If she needs to hear hubby's sweet voice, SHE can call him on her breaks.

 

[Beth3]

The employer can certainly prohibit their employee from using their phones for personal calls if they wish to. But that doesn't seem to be the issue here. According to the OP, the boss objected to her speaking her native language to her husband. That's not okay.

 

[BelizeBreeze]

The employer can certainly prohibit their employee from using their phones for personal calls if they wish to. But that doesn't seem to be the issue here. According to the OP, the boss objected to her speaking her native language to her husband. That's not okay.

Actually dear, since we don't know if the call was during business hours that she should have been working, It CERTAINLY is ok. If the call was during her own break time, then I will agree.

But language is not the deciding factor here. It's WHEN during the workday was the call.

 

[martha12592]

it was indeed work hours but it was so brief that the husband called regarding the emrgency about the kids in the hospital and the boss did intentionally went to the phone to hear iof the employye was speakin a diff language.

 

[martha12592]

how about privacy .eavesdropping?
thanks

 

[BelizeBreeze]

how about privacy .eavesdropping?
thanks

There is no expectation of privacy in the workplace except in VERY LIMITED exceptions, one being taking a wizz.

Tell your friend to keep her PERSONAL business off work hours then there won't be a problem.

And by the way, it doesn't matter if the call was one second. If the boss doesn't want her or anyone taking personal calls at work then that's it. And to answer your next question, yes, she could be fired for such an incident and language has nothing to do with it.

 

[Beth3]

Actually dear, since we don't know if the call was during business hours that she should have been working, It CERTAINLY is ok. If the call was during her own break time, then I will agree. But language is not the deciding factor here. It's WHEN during the workday was the call.

According to the poster, the timing of the call doesn't appear to be the issue: today that same boss eavesdrop on her phone conversation with her husband using the foreign language and was reprimanded again. If she was repriminded for having a personal phone conversation during working time, fine. But if she was reprimanded for speaking a different language when conversing with her husband, not fine.

Cutting to the chase here, "English only" policies are unlawful.

 

[Law_Student]

I know this topic has caused quite a lot of controversy, but as an additional resource, I am adding here a link that contains a great amount of information regarding language discrimination issues:

http://www.eeoc.gov/policy/docs/national-origin.html#VC

If you want to read about the aspects pertinent to the language, scroll down to 13-V.

 

[BelizeBreeze]

Cutting to the chase here, "English only" policies are unlawful.

No they are not. English only policies for BUSINESS HOURS are perfectly legal. English Only policies for personal time are not.