Legal Question in Employment Law in California

English

Can you encourage an employee to learn english with--name removed--promise of higher income?


Asked on 5/08/07, 1:10 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: English

I'd be very wary of this practice. The implication is that non-English speaking employees will be paid less than similarly situated English speaking employees. This could very well be considered discriminatory based on race or national origin. If you are the employer, and you wish to implement such a policy, be prepared to show how speaking English is a bona fide qualification for a higher paying job than for non-English speaking jobs. Even then, you could be inviting trouble.

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Answered on 5/08/07, 1:32 pm
Terry A. Nelson Nelson & Lawless

Re: English

It's becoming a treacherous area of political correctness and litigation. Recent decisions by the feds indicate companies may face legal action if they mandate English only at work. Plus, it is clear that companies can not have unequal pay or discriminate in any other aspects of employment against minorities. Seek consult with local counsel experienced in employment discrimination matters, discuss ALL your facts and issues.

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Answered on 5/08/07, 3:29 pm


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