Are there changes to the rules regarding requiring a foreign language capability?
The final rule continues to allow for “business necessity” to justify the requirement of a foreign language. Furthermore, DOL has expanded the rule to include other possible business justifications for a foreign language requirement such as the need to communicate effectively with one’s co-workers or subordinates. Safety considerations in certain working environments may also support a foreign language requirement. The regulations list the factors which may be used to demonstrate business necessity such as the need to communicate with a large majority of the employer’s customers, employees, and contractors. It also describes the type of documentation that must be retained: the number and proportion of its clients, contractors, or employees that do not speak English; detailed plans to market to a foreign country; and detailed explanation why the duties include frequent communication with such individuals.
