Translate Your Policies So They
Can Be Understood By All Employees

Of America’s population growth from 2000 to 2004, approximately 5.7 million (half the total) were Hispanics. That makes them the fastest growing population group and the largest minority in the United States.

All employers would be well advised to know and understand the employment related issues surrounding these demographics. A recent Equal Employment Opportunity Commission (EEOC) settlement with an employer in Florida demonstrates that it would be prudent for all employers who hire Hispanics to have some of their policies and procedures translated into the language that is understandable by those employees. In the above case, several employees claimed that they had been the victims of sexual harassment. The employer contested the charges stating that the company had published a sexual harassment policy. The policy, however, was written only in English. The employees were not fluent in English, but instead spoke mostly Spanish.

As a part of the settlement, the EEOC required the employer to post sexual harassment notices in both English and Spanish. It also required the employer to conduct annual harassment training for all of its supervisors.

Upon questioning, the attorney for the EEOC stated that if the case had not settled, the commission could have argued that the employees had not received proper notice of the policy since it was written and distributed only in English. If this contention were to be accepted by the court, then the employer would not have been able to use the harassment policy as a defense.

As noted above, the Hispanic population continues to increase each year which means that more and more Spanish speaking individuals will be entering the work force. All employers should consider the importance of having your Human Resources policies and procedures translated into the appropriate language(s) so that your employees will be well informed. Of special importance are company policies on family and medical leave, sexual and workplace harassment, drug/alcohol policies, weapons, solicitation, discipline and problem solving procedures. Insuring that your employees fully understand your Human Resources policies will go a long way in improving the sometimes strained relations between English speaking managers and Spanish speaking employees.

A company’s best defense against the potential expense of litigation is to proactively review and revise as needed all Human Resources related policies, procedures and other functions.

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Paul Hilton is a certified Human Resources Consultant, located in Columbia, SC.
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