I operate a travel agency and over half of our clients speak Chinese only. Now I need recruit an agent, can I require language as business necessity?
A. Maybe. Under this circumstance, you must provide evidence that the foreign language is necessary to communicate with clients, customers or contractors. In practice, however, this is hard to stand DOL’s challenge. Q. I opened a dental clinic. Almost all my customers are bilingual Chinese Americans, but most of them prefer Chinese in obtaining my service. Can I put language requirement as business necessity in recruiting a receptionist? A. Maybe. In determining business necessity, you may use customers’ or clients’ preference as basis to support necessity. In practice, again however, this is hard to stand DOL’s challenge.
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