Lost in translation
June 17, 2009 by Bill MeltzerPosted in: Communication, Special Report - Benefits, policies
The percentage of employees for whom English is a second language continues to rise. How do you communicate with such employees about their benefits?
In particular, is it a smart business practice to translate your benefits manuals and employee handbooks to the native language of foreign born employees? An ever-growing number of employers would say yes. But some legal analysts says no.
Reason: Even small discrepancies in the translation can open the door to lawsuits. It’s a classic case of no good deed going unpunished.
Legalese is hard to translate
Think about how hard it is to verbally explain the legalese of your benefit plan documents to English-speaking employees. While simplifying the terms helps employees understand, it also sacrifices a certain degree of accuracy.
That’s no problem when you’re speaking to an employee, but it gets messy when you expect employees to rely on written documents that may contain inaccuracies.
To make matters worse, many smaller employers opt for amateur translations (usually done by bilingual employees) of their benefits materials.
It’s very easy for the key terminology to become misleading: For instance, it’s very difficult to directly translate the English definitions – and exceptions – for coverage of pre-existing conditions.
Even if you’re bilingual, it’s quite difficult to come up with equivalent terms in a foreign language. Apart from causing confusion among the employees you’re trying to help, companies unwittingly increase their own legal liability if an employee sues for benefits discrimination.
Professionally written, specialized translations can be cost-prohibitive. You may get more bang for the buck by offering foreign-born employees educational benefits (e.g., English-as-a-second-language classes).
Reason: Some employees want these benefits more than the other ones described in your manuals.
In addition, when it comes to benefits education, there may be cultural issues at work that go beyond the language barrier. For instance, retirement is a foreign cultural concept to some foreign-born employees. In many countries people work their entire lives. It’s tough to convince these workers to participate in a 401(k) plan.
In a similar vein, some foreign-born employees hold the erroneous belief that the they won’t get back the money in their 401(k) account if they leave the company.
No matter how much you invest in translating your benefits materials, it takes time to build trust and open the lines of communication. In most cases, trust is your ultimate ROI.
Tags: benefits, employee education, English as a second language, Foreign employees, policy
June 18th, 2009 at 2:02 pm
Definitely troublesome.
What do they do in foreign countries to accomodate English-Only speaking employees?
What about plain language documentation for contracts – is that an applicable partial remedy?
What is the availability of English language classes that might assist in assimilation of the employee into the culture? It certainly sounds a lot easier and beneficial overall to have the affected employees learn English as it might also help them better understand vital safety warning signs and directions too.
June 18th, 2009 at 2:19 pm
In other countries it is common to add a dislaimer to documents that are translated into other languages. The disclaimer will have to state that the only legal document is the signed engIish version (in the USA) and that the translation is provided for convenience only. I am not a lawyer and can therefore not vouch if such a disclaimer holds up under US laws.
June 18th, 2009 at 3:51 pm
This subject will be irrelevant in 8 years. by then our national language will be Spanish.
June 19th, 2009 at 6:00 am
Mike Cole, your response onlone is an obvious sign that you are not an HR Professional, and not concerned with the issues to help protect a company. I hope that where ever you work, you are not incharge of protecting that companys’ longevity.
June 19th, 2009 at 7:16 am
We’ve actually sent documents out to professionals in other countries, example Japan, to draft the appropriate phrasing and language. It’s difficult – sometimes what we mean in English, does not translate well elesewhere – while the words may be correct, the intent may not survive the translation.
Plain language documents for contracts is a great goal but lawyers always seem to fail at doing that or determine that not enough “meat” is in the document.
Its an interesting problem.
June 19th, 2009 at 7:57 am
Walter – I am in the southeast part of the US and I have to agree with Mike and if you haven’t noticed
with all the CHANGES going on our job in HR will be replaced by attorneys – we have four satellite offices and the issue is the same – there is one objective here – to protect the company and the employees – obviously without the company there are no jobs – to what extent do any of these people have any responsibility at all? I am in my late 50’s and I have had to learn and to keep my mind open to changes in educating MY SELF in order to continue and keep my job – may I ask what is the difference? And please – we are talking about translating policies and again to what extent ?
June 19th, 2009 at 8:08 am
Many of our employees, who were born in the US, do not fully understand our company’s benefits even though they are clearly stated in our employee manual and all employees are educated on them annually. We recently had a long time employee (over 20 years) leave and she had no idea what her options were for her 401k.
Because of all the legal language that must be included, it’s difficult to keep the reading level low enough for the average employee to comprehend. Between the pitiful job our schools are doing in educating students and the ever increasing legal complexities, companies will be hard-pressed to ensure that all their employees understand the companie’s benefits. Employees for whom English is a second language are not a new phenomenon. What is new is the complex array of legal rules with which we must comply.
June 19th, 2009 at 9:07 am
The onus then to learn the language for all practical purposes must reside with the person who has made the conscious decision coming to a country to work/reside or assimilate into that culture.
Karen’s point is on target…..one has to try and keep pace with changes or fall behind or fail. Why should it be different for any other group of people? Are we maintaining a permanent class of sub people. This country has no shortage of learning venues for anyone whatsoever and a lot more than there was during the 1920’s or 30’s. Most all are free.
The standard then has to remain that if you emigrate here legally, then it is incumbent upon that person to learn to provide for themselves by taking the initiative to learning the language. There is plenty of assistance for people to do that. Maybe having a mentor to help with these decisions might prove useful – just let’s not make THAT another government mandate.
My understanding of the issue in the southwest is that the Mexican movement La Raza (sp) advocates that there is no need to assimilate or learn English because that part of the country is legally still part of Mexico – another issue for another forum.
June 19th, 2009 at 9:14 am
Unfortunately, we’ve dumbed down education so much in this country that our children can no longer read, do simple math or even understand an analog watch. I’ve written about this several times – the latest report is our children have fallen from 18th to 24th in the world for achievement. Its the product of a monopoly (school system) run by a union (rewards mediocracy). The result is unfortunately a workforce that is continuing to decline in basic knowledge and ability.
BTW, I should not have to press 1 every time I make a call to speak english. I recently spent extensive time in Europe – no where did I have to press 1 when making a call. I either knew Italian, Greek, Turkish or French or I was on my own.
June 19th, 2009 at 10:02 am
Back to the topic… The suggestion to use ESL classes is good. We did just that, and was more then worth our investment. The participants appreciated it, and it developed loyalty and they had a sense they ‘owed’ us for this education. Many of the non-english speaking (in our company at least) had a desire to assimilate to our environment.
In my opinion, translating of some documents but not all can create an exposure. So you translate benefits, but not employment documents, what’s to say they understand those and will comply?
We stand by our english language requirement, provided ESL classes, respect our diversity, and have had no problems. Oh, and most insurance companies have non-english (At least Spanish) speaking Customer Service Reps, which is where we refer employees for benefits questions. (Again, we have understanding basic English as a job requirement)
June 19th, 2009 at 10:06 am
Here, here Mark. I totally agree with you. If any of us from the US decided to move to another country, they would not do back flips to accomodate us. It would be our reponsibility for our own survival to be sure we understand and respect that countries cultures and practices AND be able to communite with them in their language. It is unacceptable that we bend over backwards here in the US. At our company, we do our best to provide our Spanish speaking employees translated documentation, however, we are an English speaking company. The millions of dollars that are spent in the US to accomodate all languages is rediculous and very much resented by many.
June 19th, 2009 at 12:24 pm
What about the issue of discrimination? If you publish materials in English and Spanish, are you then obligated to publish in Polish, and Portugese and all other languages spoken by your staff? Our company only publishes official documents in English. It is up to the employees to get help if they can not read it.
June 19th, 2009 at 3:09 pm
None of you have one bit of humility. Do you honestly think people from other countries want to be here? You are so full of your selves. No they don’t. They want to feed their children and that’s why they are here. Unlike all of you they did not have the privilege to be born in a country were opportunities are vast. Its not that people don’t want to learn. They don’t know how and they can’t. They can’t because out of their check of $400 a week they send $200 home to wife and children. Then the rest they use for their expenses here and they sacrifice what they need like, the place they live in, food, and clothes. They are grateful for that they have and what that is a job. In there eyes they think they are doing great and they have made some accomplishment because they don’t know any better.
If you have ever been away from your family then you would understand the sacrifice they make. What we should do at this point is to figure out how we can fix the problem because it won’t go away instead of saying how ignorant they are for not trying to help themselves.
Many of them live away from their loved ones. Their mothers, fathers pass away and they never get to say bye. Try to live with that. They don’t see their children grow up. Talked to them about that and tears roll down their eyes.
What we need is to have compassion for people. All you should thankful you live in country were you don’t have to leave in order to survive.
June 19th, 2009 at 3:54 pm
Simmer down Fres; get off your soapbox. The story was about communication of benefits and translations. This is not a place to take potshots or generalize about those posting. There are some real issues with diversity, and those on both sides of the issue are frustrated. Attacking others does not promote compassion and inclusion. As I posted we treat ALL of our employees with respect and dignity regardless of origin. I resent your “generalization” – which oddly enough is part of diversity challenges….
June 19th, 2009 at 4:03 pm
I agree with most posts here. Move to the US, work at a company earning a decent wage to improve your life in the US, send your children to school in the US, LEARN ENGLISH.
June 22nd, 2009 at 8:00 am
I’m writing again -Dear Fres – yes please get of your soap box – I deal with them also and you know look at their government they are trying to make them our responsibility – I came from a country that is no different today literally than it was 50 years ago – and they are people just as ignorant – we have choices to make from the time we are born plain and simple, all my family became citizens of America and I don’t want to go back not even to visit – minorities have a lot of avenues for financial aide and help in forms that an AngloAmerican does not have and actually AngloAmericans are becoming the minority for which they have no voice. You need to go visit other countries maybe join a good organization like PeaceCorps and take that time to really look into the problems – the right way to help is to help them help them selves and not just give it to them. I am now getting off my soapbox – sorry D. Franklin – but I couldn’t help it.
June 30th, 2009 at 11:51 am
People are becoming increasingly less self sufficient and that facts makes the current administration overjoyed because they need to feel like THEY are in charge of YOUR life – not you! Apparently we must do such a …tty job of it.
Look at everything being proposed by king Obama – it is ALL about larger Government taking over your life as if they know what is best – from fatty foods to education to the car you drive and the fuel you use to heat your home…..oddly very little about defending our country which is the government’s job. Don’t ever think about oversight because it is being refused – contrary opinions like debunking Global Warming….well, we can’t have such (free) speech can we.
What next – a Legal Document CZAR – answerable to no one but King Obama? We are no longer governed – but ruled. Anyone who visits New York State will realize that.
Our country has been attacked from within but many can’t (or won’t) admit it because their committment has escalated too far – they still hold their bumpers together with multiple Obama stickers – like get out of jail monopoly cards…..a fitting tribute to our monopoly money!
August 11th, 2009 at 3:16 pm
TO ALL YOU SO-CALLED ENGLISH ONLY PEOPLE, I HAVE YET TO READ ANY LEGAL DOCUMENT THAT HAS MADE ENGLISH THE OFFICIAL LANGUAGE OF THIS COUNTRY! I WAS BORN IN THIS COUNTRY, AND MY FIRST LANGUAGE IS SPANISH, MY FAMILY HAS BEEN HERE OVER 8 GENERATIONS AND WE ALL HAVE SPANISH AS A FIRST LANGUAGE AND 4 GENERATIONS WERE BORN UNDER THE U.S. FLAG. NEW MEXICO BECAME A STATE IN 1912. AND SPANISH, TEWA AND OTHER NATIVE AMERICAN LANGUAGES ARE STILL CONSIDERED FIRST LANGUAGES AND ENGLISH A SECOND LANGUAGE. THIS IS THE ONLY COUNTRY IN THE WORLD THAT TRIES TO UTILIZE A ONE LANGUAGE STATE. I AM BILINGUAL AND I WOULD RATHER SPEAK IN MY NATIVE LANGUEGE THEN SPEAK IN ENGLISH!!! QUE VIVE LA IDIOMA DEL ESPANOL!!!!!!!!!!!!!!!!!!!!!
August 11th, 2009 at 3:45 pm
These states have. It is under consideration in all other states.
Alabama (1990)
Alaska (1998)
Arizona (2006)
Arkansas (1987)
California (1986)
Colorado (1988)
Florida (1988)
Georgia (1986 & 1996)
Hawaii (1978)
Idaho (2007)
Illinois (1969)
Indiana (1984)
Iowa (2002)
Kansas (2007)
Kentucky (1984)
Louisiana (1812)
Massachusetts (1975)
Mississippi (1987)
Missouri (1998)
Montana (1995)
Nebraska (1920)
New Hampshire (1995)
North Carolina (1987)
North Dakota (1987)
South Carolina (1987)
South Dakota (1995)
Tennessee (1984)
Utah (2000)
Virginia (1981 & 1996)
Wyoming (1996)
August 12th, 2009 at 8:15 am
to Fres and El Jello – my heart really goes out to you – but you know they came here to make a living and I am sure we all here because of that – I am very greatfully to be an American and speak English and I have learned another language so I can do business with other countries and in the process of learning a third languague and guess what no one is holding my hand to do it. NO ONE in in the country being held captive – get off your sorry assurances and be thankful go and complain to goverment that these people belong from and ask them why can their country provide for them.
And guess what you are FREE to come and go as you please. I have to say I have never read such
ungreatfullness in my life, Fres should round up these individuals and take them home and care for them if you feel the way you do and the other 8 generations and is so angry – obviously you are in this country for a reason – if no one likes it leave.
August 12th, 2009 at 9:39 am
Lucinda, let me educate you on the history of the Southwest. No Hispano has come into this country that claims 8 or more generations. Our lands were militarly occupied the the US army in 1846. So, as for my 8 generations we didnt cross the border, the border crossed my family. So educate yourself on the history of the Southwest. Because many of us were here before the US was even considered a country. And also Spanish was the first European Languange in what is now the United States. Spain colonized Florida and the Southeast in the mid 1500’s and colonized New Mexico and the Southwest in 1598, 22 years before the Pilgrims even arrived on the East Coast!!!! We claim the first capital of present day United States, so in all reality Spanish should be respected!! Stop with the historical ingnorance!!!
August 12th, 2009 at 1:46 pm
The founder of La Raza, Jose Angel Gutiterrez said the following:
“We have an aging white America….
They are dying…. They are ********
In their pants with fear! I love it”
“We’re a new Mestizo nation.”
“We have got to eliminate the gringo.
And what I mean by that is if worst comes to worse, we have got to kill him.”
What was that about these fine immigrants contributing to our society……hardly.
August 12th, 2009 at 3:53 pm
to all white dying americans – this is what we so kindly let in to our country. I am not afraid my friend for my heart is not filled with hate. God will JUDGE us all including you mestizo, be not deceived. and if you have blood on your hands it WILL cry out to God – it’s a shame I will not be subscribing to this site any more., so you can answer your hate filled rhetoric to whom ever.
And to you El Jello thank for your enlightenment with your personal heritage, every American has a heritage but we don’t try to railroad or kill any one over it. so goes to show that all your education does not bring wisdom.
August 14th, 2009 at 12:06 pm
Again Lucinda, i am trying to educate you and every other American about the history of my people, it is through education that we find understanding. As for the Views of Jose Angel Gutierrez, he’s veiws are much different them mine. His views are not universal to all Hispanos/Chicanos/Latinos. It is the violence that has prevented all ethnic groups from coming the table to find peace among eachother. And yes every American has a heritage, but few claim it as stronge as Chicanos/Hispanos/Latinos, and many of the Native American Nations/Pueblos. We refuse to sucome to the theory of Assimulation by the third generation. This land has always been a land of different cultures and languages what gives any one group the right to decide what customs or language are primary or secondary? Rudolfo “Corky” Gonzales said it best, “No man has the right to oppress people, and an oppressed people have a right to revolution”