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PayMaster Monthly Reporter for November 2007

Article | 'English-Only' Policies

Can an employer force employees to speak only English at work?

What problems do employers face with non-English speakers?

These are questions that are becoming more popular, with non-English speakers making up a growing component of America's workforce.

The Equal Employment Opportunity Commission (EEOC) states that an English only rule may violate civil rights laws under Title VII of the Civil Rights Act, which prohibits discrimination based on national origin. The EEOC does provide guidelines that state that English only rules are permissible when:

1. Speaking a common language is imperative for safety.



2. It's a matter of business necessity.

What exactly does this mean? Well, the EEOC guidelines do not really clarify what constitutes 'necessity', so one must determine if a person's lack of English skills would have a detrimental effect on job performance. For example, if an X-ray technician does not speak fluent English, he or she may not be able to communicate to an English speaking patient to stay still during the X-ray process. This would cause the patient to be exposed again to more radiation. How about a dangerous work environment where a supervisor yells 'Look out!' and it is not understood. In cases where it is a business necessity, think about an English language radio station that has a DJ that would broadcast in Spanish. In this situation, words are the radio station's product, and the station would have a right to control those words.

As an employer, you must show a legitimate nondiscriminatory reason for the denial of employment because of an individual's language. Any investigation by the EEOC would focus on the qualifications of the person and whether his or her language had a detrimental effect on job performance. Requiring employees or applicants to be fluent in English may violate Title VII if the rule is adopted to exclude individuals of a particular national origin and is not related to job performance. Documentation needs to be made of any language policy in clear and concise terms, as well as communication to the employees of the consequences of breaking an English only rule. Any exceptions should also be clearly specified, such as during lunch or breaks.

Article | Risk Management Plan for Identity Theft

Why should all organizations be concerned about Identity Theft? Liability; both civil and criminal.

I'm sure you're familiar with the Identity Theft and Security breaches that have taken place over the past few years in the work place and the problems they have been causing.

At NO cost to you I'll provide your organization with a reasonable security program and help you build an Affirmative Defense Response System to cope with the liabilities associated with this growing problem as described at www.idtforbusiness.com/tpc.

Additionally I will educate your employees on how to handle non-public information in accordance with the FACTA, HIPPA Security Rule, and the GLB Safeguard Rule, at NO charge whatsoever to your organization, including documentation.

PPD is the ONLY company with a suite of services. Life Events Legal Plan, Legal Shield, and the Identity Theft Shield provide help in every phase of Identity Theft - before, during, and after a crime occurs. The Affirmative Defense Response System provides businesses and their employees a way to minimize risk as described at www.idtforbusiness.com/tpc.

In the absence of a solid risk management plan for identity theft, potential losses are nearly unlimited.

Pre-Paid Legal Services, Inc., a public company (PPD) established in 1972. PPD is a leading provider of Legal & Identity Theft memberships in the U. S. and Canada. Yes they offer an employee benefit for Identity Theft & Legal services, but that's NOT why I'm writing.

You may be saying, "What's in it for me?" According to statistics, about 85% of employees choose to participate in Pre-Paid Legal Services voluntary benefit plan, which is how I get compensated. The program is NOT fee-based. The Society for Human Resource Management (SHRM) reports that the number of companies offering some sort of identity and legal assistance through a benefits package has grown by 44% over the past 5 years.

During the training, attendees will be offered a membership that reduces the risk of exposure to your organization from identity theft and protects the member/employee, spouse or significant other (same sex or not), and dependent children legally (excluding employer / employee issues) and from identity theft as described at www.protectwithppl.com/tpc.

Our Affirmative Defense Response System acts as a Good Faith step and helps your organization to comply with the FACTA, HIPPA Security Rule, and the GLB Safeguard Rule. It may reduce your liability risk by hundreds of thousands of dollars, possibly even millions of dollars.

For a list of data breaches, click on http://attrition.org/dataloss/dldos.html then scroll to the bottom of the page and click on download database.

The complete training and presentation of the voluntary benefit takes 30-60 minutes. In order not to impact your operation, I'll hold as many presentations as necessary.

I look forward to working with you.

Murray Fischer, Executive Director,
Certified Identity Theft Risk Management Specialist
Business & Group Security Specialist,
Phone, 800.899.3458; Cell, 305.343.5127; Email, tpc@prepaidlegal.com