Ask HR: Can We Say That Being Bilingual Is a Requirement?
Ask HR: Can We Say That Being Bilingual Is a Requirement?

Ask HR: Can We Say That Being Bilingual Is a Requirement?

Just when you think you’ve heard it all, one of your employees stumps you with a question you haven’t heard before. The pros at the HR Support Center really have heard it all—at least, until tomorrow.

Here is a recent question and expert advice from HR On-Demand, one of the features available to HR Support Center subscribers.

Question:
When we post job ads, can we state, "Bilingual in English/Spanish is a must"? Our ads currently read, "Bilingual in English/Spanish is a plus.”

Answer from Rebecca, HR Pro:
If speaking Spanish is an essential function of the job, then you may certainly say that being bilingual is a requirement and consider only Spanish-speaking applicants for the role. In general, there is nothing discriminatory about requiring that applicants know an additional language, provided that speaking the language is actually something that is necessary for them to perform the job.

By “essential function” and “necessary,” we mean that the job can be performed only by someone with knowledge of Spanish. If an individual who does not speak Spanish could successfully perform the essential functions of the role, then we recommend saying that being bilingual is a highly preferred skill for the position.

Rebecca has a diverse background in Human Resources and Training Management from the temporary staffing and insurance industries. She received her Bachelor’s Degree from LaRoche College and previously served in a variety of HR management positions.

More Ask HR:
Can We Require Employees to Cover Tattoos?
What Should We Do If Our Employee Won't Sign a Written Warning?
Can a Worker Be Both an Employee and an Independent Contractor?

_This Q&A content is taken straight from the experts at HR Support Center. Click here to learn more about HR Support Center and HR On-Demand; we’d also love the chance to explain in person

More to Discover

How to Pay 1099 Employees

How to Pay 1099 Employees

As the gig economy grows more employers are looking to hire independent contractors (aka 1099 workers). But since paying independent contractors isn’t a walk in the park, many employers are looking for step-by-step instructions. Here’s a breakdown of everything you need to know: How Do I Pay a 1099 Worker? This subject is something you will need to discuss in detail with the person you’re hiring for the job. Often, they will have a written contract that stipulates how and when they should be paid. The two most common methods of payment are hourly and by the job or project. Some independent contractors — such as attorneys — prefer to be paid on retainer, which means you pay them a lump sum at the beginning of each month in return for a...

States with Salary History Bans

States with Salary History Bans

Requesting job applicants’ salary histories has been a pretty common practice for employers over the years. Recruiters and hiring managers often use this knowledge to exclude people from the candidate pool, either because the applicant is “too expensive” or their previous salary is so low, hiring managers think the person is poorly qualified or inexperienced.Businesses have also used previous salary information to calculate new hire compensation—a process that can perpetuate pay disparity between women and men. To address this inequality, several states and municipalities have enacted bans on asking for previous salary information, although laws vary in terms, scope and applicability. The states and territories that have enacted salary...

Case Study: Buy Sod

Case Study: Buy Sod

Buy Sod Inc. Partners with Paycor to Pay Employees & Maintain Tax Compliance “Because we’re a niche company, our administrators sometimes have trouble uncovering and implementing best practices. But when we partnered with Paycor they brought the expertise and thought leadership to help us overcome tough challenges like the new EEO-1 report. Paycor has the patience, knowledge and resources to help us stay ahead of problems and grow.” - Jennifer Hillard, Director of People and Culture Why Buy Sod Inc. Chose Paycor In 2002, three family businesses came together to create a network of sod farms that operate and distribute around the country. But with ten locations and eighteen different payrolls to process, Buy Sod Inc. struggled to...

Webinar: Compliance in 2020: What You Need to Know

Webinar: Compliance in 2020: What You Need to Know

A new year brings new compliance issues employers should be monitoring at the federal, state and local levels. To help your organization prepare for what’s ahead, our compliance team will outline key changes in 2020 and trends in the areas of payroll, tax and HR compliance.Speakers: Arlene Baker and James SchwantesArlene Baker is a Senior Compliance Analyst with over 40 years of payroll and tax experience. She’s a member of the National Payroll Reporting Consortium focusing on IRS compliance, and she’s been a member of the national and local APA for 25 years. In 2003, Arlene was awarded the Ohio Payroll Professional of the Year award. James Schwantes is a Compliance Analyst with a legal and tax background. Prior to working at Paycor in...