Expert: Michael Troy - 11/11/2006

Question
I am being forced to speak spanish just cause human resources says it is listed on my application under my skills, also at one time I was told to take a bilingual test, and I passed it, but the job I was requesting at the time required it that was back in 2001, but since then I had cancelled that job offer, and went on to work in a different dept that did not require the language skill, since then I moved to another department when the job offer was made it did not require Spanish nor was I advised that I would be a bilingual rep, but now the need for bilinguals is in demand, and because they could not find any that would volunteer, they began forcing.  It felt like a slap in my face, because I feel I should be able to choose if I want to use the skill or not, plus the incentive to speak Spanish is not paid well, just more headache, cause that market is hard to make understand in some issues.  I am fluent, but can my company force me to use this skill with out my permission.  I feel like I am being forced and I am not too happy, but I have to do it cause I do not want to lose my job for now and I have been there for 14 years, if I left that would mean starting all over.  I have submitted a grievance to my union, but I need help trying to sort out what I want to say, all I know is that I feel forced and that they do not pay enough for me to want to use the skill, furthermore I did not signed anything saying that I had to use my language skills for continued employment with the company.  I am so miserable right now.  Any insight will help me think.

thanks
Graciela

Answer
Hi Graciela,

Generally speaking, an employer can build in any requirements they want into a job.  These requirements many change at any time without notice.  An employer may usually fire or lay off an employee if that employee does not have the skills to meet the changing needs of the employer.  Typically, an employee's options are to accept the changed requirements or find a new job.

Your situation sounds a little different since you have union.  You may have addtional rights based on the union contract.  But those are contractual rights specific to your union's bargaining agreement.  I can't be much help with that.

The only area where the law might be of some help is if you think your employer is using the changes in work requirements as a way of pushing you out for some illegal reason (such as your race, sex, age, disability, etc.).

- Mike