Latino Affirmative Action
It does not matter the job description, there is an American way to circumvent the equal opportunity hiring laws to ensure hiring a fellow Latino, providing that the Human Resources representative insert within the job description that the position has a preference for an English/Spanish speaking candidate.
The best part is that the company acquires a two in one job applicant without paying for a translator or pay differential for the additional skill. The society can continue excluding a number of blacks that are consider trouble makers in the general workplace where a lot of Spanish speaking foreign born employees deserve the right to work. consequently the act of inserting the phrase that pays is fully justified, after all when blacks were in the driver seat following the passing of the civil rights act just forty years ago they had ample opportunity to hire all the blacks corporate America could handle.
The following are examples taken from successful hiring job description used in the Los Angeles California region. a significant delivery systems of this deceptive practice is to use the government agencies that are now called work source centers. The job developers are so desperate to place candidates that do not care if the employer practices fair equal opportunity hiring policies or not. These agencies are too busy trying to justify staying in business themselves and meet placement numbers each quarter, so the mere fact that employers are wanting to keep a homogenous work full of Spanish speaking foreign born workers is inconsequential to excluding the core of American job seekers from wage opportunities.
For the most part, the choice insert for a job description is <em>”Bilingual Spanish is a Plus”</em> and remember to always place at the bottom of the official written announcement ‘We are an Equal Opportunity Employer’
for circulation. You never want to tarnish the organization’s brand as a fair employer.
For general openings a light approach is to use anywhere in the announcement, outside of the core requirements, to express <em>”Bilingual English and Spanish highly encouraged.”</em>
A shoe-in for hiring foreign born workers is to recruit for Bi-lingual Spanish [or Must be Bi-lingual (Spanish)] speaking ‘Call Center Representatives.’ After hiring the people, you can assign them to other positions as needed.
The new assignments according to employment law should be a <strong>bona fide occupational qualification</strong> (BFOQ) and is appropriate if the nature of the job could not be done without a particular skill such as speaking Spanish. Even though the general language for California is English and the job announcement do not worry that the skill requirement appears discriminatory or bias against those applicants who cannot speak or write Spanish. That goes back to using the worksource center representatives who do care about that fact that ‘<em>English is the common language of the people of the United States of America and the State of California. To preserve, protect and strengthen the English language and not to supersede any of the rights guaranteed to the people by the State’s Constitution, English is the Official Language of the State of California.'</em>
All industries employ the practice of getting a full and part-time homogenous workforce, even airlines bring in passenger service agents (ticket agent) and fleet service clerks (cargo handler) by phrasing the job announcements with the fact that all candidates <em>”<strong>Must</strong> be fluent in English and Spanish.”</em>
By emphasizing that candidates <em>”Must speak English/Spanish”</em> really works for Caregivers, Nannies, and Housekeepers. No one seems to questions if the client can only speak Spanish since there are so many foreign born people living in the Los Angeles region.
AT&T outsources a lot of its work to subcontractors that eliminates the high cost of benefits and worker’s compensation, so whenever they are ramping up for Customer Service/Sales they use the phrase “<em>All Languages are Welcome – Bilingual is a Plus.”</em> With this line, sky’s the limit on who can be hired and excluded.
A sophisticated method is to create a language portion of the job description. This scares off many applicants when they see language because chances are they cannot even speak English well less alone a second language. Place it right after the Qualifications and plug in “<em>Language Skills: Bilingual in Spanish.”</em> You will need to make any additional comments, just alert the interviewer to the need and they will manage to include and exclude as appropriate.
Another clever statement is writing “Other preferred attributes: Fluency in Spanish language highly preferred.” Remember to insert―An Equal Opportunity Employer and the latest is to add “Reasonable Accommodations Available Upon Request.”
Small businesses specializing in authentic Mexican Cuisine looking to expand can use “Minimal Requirements Bilingual/English & Spanish without repercussions of any type. Society routinely expects and fully accepts this one-sided hiring practice, especially if the food is good.
Proceed with caution if you are looking to employ shipping and receiving clerk using <em>”Bilingual Spanish/English a must.” </em>Some scrutiny may be employed for any light industrial warehouse, assembly and production skilled jobs because these are often union related positions. Here is where employers can be considered as crossing the discrimination line, likewise do not ask the candidate to have <em>Reliable Transportation and Must Be Bilingual Spanish.</em>
The Food Industry in Los Angeles, CA accepts the foreign language whole heartedly and businesses seeking Bi-lingual Account Managers can open the door wide for bilingual or multilingual from Mandarin, Cantonese, Vietnamese, Korean, Taiwanese, to Spanish. The secret is to emphasize that the candidate <em>”Must also be fluent in English”</em> with strong communication skills and presentation skills.
Another job that has large reasons for hiring a Spanish speaking person is the Case Manager position. Throw in the qualifications for a bachelor degree in social work or related field strongly preferred, plus two years experience providing case management services and that <em>”Bilingual English/Spanish is required.” </em>Sometimes consider placing a section at the bottom of the announcement called<em> “Notes―Preferred Qualifications: Possess a college degree, credential, or vocational training; Experience in case management and/or goal planning; Experience in conducting individual or group mentoring or a history of receiving mentoring services; Bilingual English/Spanish.” </em>Additionally, excellent communication and organizational skills; strong written and interpersonal skills is a great closer.
For the really large recruitments get bold and make the statement like “100 Bilingual Food Handler Positions Available.” Then be more specific and state <em>”Bilingual and/or Monolingual Spanish</em>” for a Burrito Manufacturing Company.
Keep a staffing agency handy to do the real dirt work and place the job announcement in Spanish language with English in smaller print at the bottom, for example;
<em>Empacadoras para turno de noche</em>
<li><em>Temporal a Permanente (elegible para contratación después de 540 horas regulares).</em></li>
<li><em>Compañía provee reembolso de hasta $75 para zapatos de casquillo (cuando le contraten)</em></li>
<li><em>Turnos de 12 horas mandatorias (después de entrenamiento), oportunidad de hacer horas extras $$</em></li>
<li><em>Turno: 6pm – 6am. Salario es $8.25 por hora.</em></li>
<li><em>Debe estar disponible a trabajar los fines de semana</em></li>
<li><em>Debe tener zapatos de casquillo</em></li>
<li><em>Debe tener la habilidad física de levantar 35 libras. </em></li>
<li><em>Debe tener la habilidad física de trabajar de pie por 12 horas consecutivas </em></li>
<li><em>Debe tener derecho legal de trabajar en Estados Unidos</em></li>
<li><em>Mínimo 1 año de experiencia laboral verificable en los últimos 2 trabajos</em></li>
Packers needed for graveyard shift
<li>Temp to Hire (eligible for hiring as soon as 540 regular work hours are completed)</li>
<li>Company provides a reimbursement for up to $75 for Steel Toe shoes (once hired)</li>
<li>Mandatory 12 hour shifts (once training ends), opportunity to do overtime $$ everyday!!!</li>
<li>Shift Hours: 6pm – 6am. Salary is $8.25 per hour.</li>
<li>Must be available to work weekends</li>
<li>Must have steel toe shoes</li>
<li>Must have the ability to lift 35lbs.</li>
<li>Must be able to work standing up throughout the 12 hour shift</li>
<li>Must have the legal right to work in the U.S.</li>
<li>Minimum 1 yr. of verifiable employment on the last 2 jobs</li>
The main point in selected inclusion is to put all of the other universal matters following English speaking or bilingual English/Spanish, for example must have clean driving record, must be able to load and unload rolls from trucks and storage racks, rolls range is size and weight from 30lbs to approximately 70lbs., knowledge of basic math (multiply, add and subtract, etc.), good attitude and able to get along with other people and be a team player.
Bilingual Speaking is the job discriminator of the 21<sup>st</sup> Century. Use it often and when called on it either say it was an oversight or simply apologize offering a retraction of the announcement. Do not dwell on it because you will be very limited to sue it again. Bilingual Spanish requirements are becoming common place in the Southern California region along with E-verifiable right to work documents, High School Diploma/GED, able to pass drug screening and background checks. Do not be afraid to say bilingual English/Spanish preferred and couple it with must be proficient in Microsoft Word and Excel. That covers your bases that you are not serious with getting the best candidate.
Even if you are going after the trades like a HVAC Tech, go ahead and state that the qualified candidate should have excellent customer service skills and able to demonstrate great workmanship and work ethic, and can get the job done under minimal supervision. But be sure to add “Bilingual in English and Spanish preferred.” The trick is to get the largest bang for your buck and be bold and state in the trades the all candidates Must own tools and vehicle. This will surely discourage anyone without credentials not to trudge up answering your announcement.
The government is friendly to this sort of exclusion where they frequently fund Spanish speaking projects. Take for instant the Center for Public Policy Research (CPPR) at the University of California, Davis that sought graduate students and/or senior undergraduate students to assist in a project that involves the screening and testing of Spanish-speaking adults for learning disabilities. All interested students must be fluent Spanish speakers.
Forever 21 in Los Angeles used a worksource center to hire individuals with general warehouse, packing, ticketing and/or forklift experience and candidates were required to be Bilingual (Spanish & English) have clean background, and proof of ‘Right-to-Work’ in the United States just to mention a few things.
Spanish Speaking Customer Service and representation is the thing making bilingual Spanish a must. At least what human resources representatives are making the statement of subtle truth. Business owners are crying for customer service advocates as a Spanish language skilled preference in order to support their Latin American partners, distributors, and retailers. Yeah, yeah, yeah, we all know it is a bunch of crock, but let us face it, America is going back to its roots with the help of human resources professionals―Se habla español.