The Rights of Employers to Establish Conditions for Employment

By: Dennis AuBuchon
American Chronicle




January 2, 2008

Today in society efforts are being generated by individuals or groups to force a change in the way businesses and other institutions operate. This can be from job descriptions to the way they advertise and anything in between. There have been issues which have been taken to the level of lawsuits to force changes. Change is a good thing and is normal for people operating businesses. Some of the recent changes which businesses now utilize are the Internet and the use of computers. To keep pace with technology businesses had to adjust if they were going to stay in business. However some efforts, not all, are trying to force businesses to incorporate their opinions in the way operate. One issue that has been prevalent of late is the issue requiring employees to speak English. The issue is so prevalent that a bill in Congress has been generated to provide exemption from lawsuits for those businesses which require their employees to speak English. It is a sad day when a law of this nature is needed.

Businesses have been in operation for many years and until recently there has not been any question as to the way position descriptions and their details are created. Businesses have the right to define the requirements for individuals seeking employment with their company. Many businesses have unique requirements that must be performed to operate and make a profit. These requirements coincide with the need to communicate with customers. This applies to products/services and service after the sale. If an employee cannot communicate with customers the business may lose market share and profits. This will not only cause a downturn in the profits but may also affect the security of the jobs they do have. If English is needed to maintain communication with customers then it should be allowed and no one should complain. To make statements that this type of action or requirement is discriminatory is, in my opinion, ridiculous. Proper communication with not only customers but other employees is an important condition to operate an efficient and safe business.

In the previous paragraph it was stated that businesses have a right to determine the requirements for the positions in their company. If they are forced to hire individuals or define requirements that cause inefficiency or safety issues the successful operation and profit of a company can be affected. There are cases, and I have seen this, where requirements exists that employees be bi-lingual to qualify for specific positions. While I have not noticed this requirement being challenged it could have the same effect. Those who are not bi-lingual could also argue discrimination when in fact no such discrimination exists. The reason that the position with this requirement is needed is the makeup of the customers with this background. People with the ability to only speak English could not adequately perform the duties of the position based on the customer communication needs.

Businesses in society have varying requirements for their employees and as long as the qualifications are not so restrictive that a limited number of people qualify, it should not be considered discriminatory. This position is not meant to circumvent any ongoing litigation in our court system. The requirement for employees to speak English in performance of their duties is something I believe businesses have a right to require. This is in addition to other job qualifications. Businesses know what they need for people to perform their responsibilities and communicate with customers. Today many times when you call a business you are given choices whether you want English or another language. Businesses who have this need are properly utilizing the language needs of their customers. The same conditions apply when areas only speak English as in many parts of the country.

When the majority of people want changes there are ways to achieve them. This is not to say that all the changes are necessary or fall in line with the rights of people to have changes made. Making statements that job qualifications are discriminatory have been made for such requirements as the ability to speak English. There are portions of the country that have a high degree of people who speak other languages. The businesses in these areas sometimes have a requirement that their employees speak those languages. It is no different when a business must have English speaking employees to communicate with customers. This requirement can also impact safety concerns.

There has been much talk about establishing English as the language of this country. This article is not about this movement but complaints about employers establishing the requirement that their employees speak English. Companies have the right to establish requirements for their employees. This principle is evident in position descriptions that are created to fill specific needs within a company. Companies have positions with specific requirements and those that fill those positions must meet the conditions of the job. English is just one of the conditions they have a right to impose. Many companies do business with a variety of customers who speak different languages. If the bulk of their customers speak English and nothing else their employees must be able to communicate to them. There are also examples where other languages are required or employees must be bi-lingual such as Spanish and English. However, you do not hear any complaints about this requirement.

It is the right of employers to establish requirements to fill their positions. Some examples are such things as a computer programmer. It is reasonable to assume that not all individuals can fill this type of position. They need the training and/or experience to complete the tasks for which the position is responsible. The same is true with establishing the requirement for employees to speak English. The success of any business depends upon their employees to be able to communicate with their customers. Employees must be able to address customer needs or wants in relation to the products or service being offered for sale. If an employee cannot do this the business will fail and the employees will lose their jobs. Denying businesses the right to define their own requirements would be a mistake. If you have a business you know what your needs are and what qualifications individuals must have to satisfy that need. Businesses should not be forced to create position descriptions that would address every possible complaint a potential employee may have.

Other conditions that may apply involve the lifting of a specific amount of weight as in a factory environment. Not everyone will meet this condition and as such the employer must have individuals who apply to meet these criteria. There are numerous position descriptions generated by thousands of companies and the details or requirements for these positions are readily posted on the Internet. Most of us have looked for jobs and when we do we compare the qualifications with our knowledge and experience.

Details of position descriptions that are generated should have some degree of consistency between various companies for the same type of position. There is usually a minimum set of standards for various positions that an individual must have to perform the required duties. These standards should be consistent between companies. The reason for this is to have an abundant supply of individuals who may qualify for the same position wherever they may go. Additional requirements can be imposed based on unique details of specific positions within companies or organizations.

In summary businesses have a right to establish conditions for employment. If businesses were forced to create position descriptions that would satisfy all potential objections it would have a disastrous effect. Businesses cannot determine job requirements based upon what others want. They must be based upon their wants and needs to make or keep their business successful. There should be some consistency between common positions such as computer programmers with limited additional requirements. These additional requirements should be based upon unique conditions associated with the location or customer base.

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