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As the world shrinks through communications and travel, foreign-born workers are flooding into the U.S. to fill skilled positions. High-tech companies caught in a labor shortage are welcoming these employees with open arms. Initially, it seems not to matter if a software engineer from Moscow, Shanghai, or New Delhi speaks English with a heavy accent when programing a computer. Issues may arise, however, when these workers seek the American dream of upward mobility, by moving into management or positions involving interactions with clients or the public. Unfortunately, stereotyping and cultural bias often create a glass ceiling that works against the interest of these employees and their employers, and may also result in violations of equal employment laws. Federal, state, and local statutes prohibit discrimination based upon national origin. Claims are most often associated with accent and language, but many cases arise from differing cultural mores. As the high-tech workforce becomes increasingly diverse, these issues are gaining importance in a legal context as well as in employers’ efforts to attract and retain qualified employees. Denying an employment opportunity because of a foreign-born worker’s accent or lack of "communication skills" may be unlawful discrimination if the employer cannot show a legitimate non-discriminatory reason. Specifically, the EEOC and the courts look closely at whether the personnel action is necessary because of the duties of the job, or is just a cover for national origin discrimination. The issue becomes one of whether an employee’s accent or different use of language prevents effective communication necessary to performance of significant job functions. These matters become even more complex when an employer attempts to bring customer preference into the mix, since the courts have repeatedly rejected this defense in race and sex discrimination cases. The ability to communicate plays a role in any position where an employee must interact significantly with colleagues or customers. However, since workplace communication is increasingly accomplished through e-mail, even a heavy accent may have little impact on an employee’s ability to get the job done. It is often a lack of English grammar and usage skills, rather than an accent, that interferes with a willing listener’s ability to understand. In many instances these basic communication skills are legitimate criteria on which an employer may base personnel decisions. A related issue involving foreign-born workers who are new to the U.S. is their awareness of and comfort with American cultural norms. In many countries, the roles between the sexes remain grossly unequal and prohibitions against behaviors such as sexual harassment do not exist. Furthermore, many foreign-born employees come out of social and economic systems were caste and class predominate. When they bring these disparate social mores into the American workplace, the resulting clash of cultures can have adverse legal and business consequences. The high-tech melting pot is boiling at a rapid rate. University-trained foreign nationals are being thrown quickly into high paying technical jobs without the long periods of cultural maturation experienced by many immigrants that came before them. While some companies attempt to deal with these issues through diversity training, most are focused on the immediate demands of competition. For high-tech employers to attract and draw out the best from the vastly talented international workforce, they are well-advised to step back occasionally from the fast pace of production to consider what it might be like to work as a stranger in a strange land. © 1999 Jeffrey Berger REPRINTED FROM: |
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