Bill Blocked on Non-English Workplace Firings (Quelle Horreur!)


Yesterday the Senate General Laws Committee took up HB 1472 sponsored by Mark Cole (R-Spotsylvania) which would have permitted employers to fire employees that don't speak English at the workplace. 

Actually, that description is too simple.  You see, Virginia is an "at will" employment state which means that an employer can fire an employee -- or an employee can quit -- at any time for pretty much any reason, unless there is a legally prohibited discrimination such as race or gender.

In other words, if your firm has a job that requires English proficiency, think television reporter or law firm receptionist, then you can fire an employee if they can't handle that requirement.  You can also fire an employee that fails to respond to instructions, say when those instructions are given by the boss in English. 

That's the law NOW.

The patron's argument for passing HB 1472 referenced a "case in Massachusetts" where a Federal suit was filed over a firing due to lack of English proficiency.

Last time I checked we don't have jurisdiction over Massachusetts.  Nor do we dictate Federal law. 

I try to avoid voting for bills that restate the existing law.  I also hesitate to do it when the bill appears to target workers that don't speak English as a native tongue.

It's hard as he(ck) to learn a new language.  I found that out first-hand in 1990 when I worked in Japan as a school teacher for a year.  Foreign workers and new immigrants inevitably struggle at learning American English with its myriad idioms and idiosyncrasies.

(Here's a secret:  a lot of native-born Americans struggle too.  Don't tell anyone ...)

HB 1472 didn't grant any new rights to employers.  However, it did tell foreign-born speakers that they are "on notice" of a firing if they don't speak proper English at work. 

We don't need to send that message.  Foreign-born workers, both entrepeneurs and labor, are driving our economy in northern Virginia and the tax receipts benefit the whole state.  That's a fact.

I have no problem on cracking down on workplaces that use illegal immigrant labor.  I have no problem deporting non-citizens that controvert out laws.   But there's no need to target legal non-English speakers who are working hard to be successful.

If you want to teach them a lesson about using English, then send them to English class.  

P.S.  The bill failed in committee on a tie vote, 7-7.




 







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  • 2/21/2008 12:38 PM Joseph Harmon wrote:
    Excellent post Chap -- and I could not agree with you more. I teach an ESOL class, and I can tell you from experience that there are many immigrants, both recent and those who have been here a while, that try very hard to learn the English language. For those who are so concerned with people speaking another language than English in this country, I challenge them to get involved in an ESOL teaching program. See http://www.tesol.org and http://www.eslim.org In most cases you do NOT need to be a certified teacher to join in.
  • 2/21/2008 1:11 PM Bee-Cee wrote:
    Chap,

    Another perspective. While I have no perspective on the legislative abilities of your collegue that sponsored this bill, would it be fair to suggest that perhaps, he was using this legislation for political advantage. I understand that it has been done before.

    Let's face it, this is the dark side of the immigration issue. We must find a way to separate national security from xenophobia!
  • 2/22/2008 8:42 AM Chap wrote:
    Joe: Thanks for posting that info. You are 100% correct. Let's get some of these GA reps teaching ESL if they're so concerned. I'm serious.
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