I am working in a small company as a programmer. All my co-workers speak Mandarin in the workplace, can my employer require Mandarin Chinese as business necessity?
A. Probably not. The key point to determine business necessity is whether a requirement is reasonably necessary to perform the job duties. Although it may be convenient to communicate in Mandarin in a workplace where all your co-workers speak Mandarin, language is not reasonably necessary to perform your duty. Of course, business necessity would be more likely established if your job duty is writing Chinese software programs.
Probably not. The key point to determine business necessity is whether a requirement is reasonably necessary to perform the job duties. Although it may be convenient to communicate in Mandarin in a workplace where all your co-workers speak Mandarin, language is not reasonably necessary to perform your duty. Of course, business necessity would be more likely established if your job duty is writing Chinese software programs.
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