New York: Business Meetings Conducted in a Foreign Language is Not Discriminatory
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APPLIES TO All Employers with Employees in NY |
EFFECTIVE March 13, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
In Kurtanidze v. Mizuho Bank, Ltd., a federal district court ruled that allowing employees to speak only Japanese in business meetings in the presence of non-Japanese speakers without the use of an interpreter is not unlawful discrimination based on race or ethnicity. Here, the plaintiff white male of European descent alleged the defendant bank discriminated against non-Japanese employees based on race and national origin. The basis of the allegations was that all important corporate issues and meetings were discussed and held in Japanese even when non-Japanese speaking employees were present. The plaintiff alleged he was harmed because he could not participate or learn about the bank’s priorities from attending the meetings.
In its ruling, the court found that the allegations did not support a finding of unlawful discrimination based on race or ethnicity but on the ability to speak a particular language. The employee could have chosen to learn Japanese. Also, the employer was not “required to allow its employees to speak in their native tongue, it was not required to force employees to use a particular language.” Foreign employers operating in the United States can allow their expatriate employees to continue speaking in their native language without violating antidiscrimination laws.
Although this ruling may alleviate discrimination concerns for some employers, there are additional concerns for workplaces where large populations of employers primarily speak in languages other than English. One is safety. It is critical for employers to make sure their employees understand safety policies and procedures. Second is the ability to understand employer policies. Where necessary or required by law, employers should review what policies may need to be translated into the language employees understand.
Action Items
- Evaluate workforce and determine if there are employees who do not understand English.
- Determine whether policies and procedures need to be translated.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase