The Workplace Advisors specializes in providing HR assistance to associations such as PPAI and their member companies. 

Each month, the consultancy answers anonymous questions from companies about a myriad of topics. Below is advice on questions employers can ask during the hiring process.

Question: We want our next hire to speak a specific language or multiple languages. Can we ask them during the hiring process?

Answer: What you can and cannot require depends on the essential requirements of the position. This includes any aspect of the job.

Federal, state, and local laws prohibit discrimination against a person for numerous protected characteristics, so any requirement must have a legitimate business reason or else a company could face a discrimination claim.

  • For example, if the employee needs to speak two languages to perform their job as a translator, you can ask if they are proficient in those languages.
  • You can also ask about their proficiency to ensure they can work at the level you need them to. You might also consider testing them to confirm this proficiency.


You can also require employees to understand a specific language if needed for safety purposes. For example, if your employees work with dangerous chemicals, you can require that they read and understand instructions and warning labels for safety reasons, but you cannot require that they be fluent beyond that understanding.

However, if you just want someone to speak a specific language because it would “make things easier,” then you probably cannot hire for it specifically. You also cannot require an employee to speak a specific language during personal conversations at work, so that you can understand what they are saying.

You can, and should, have different requirements for each position based on what that person needs to do, and then tailor your hiring process to find the right person to meet those needs. 

RELATED: Remote Work Requirements: What Employment Laws You Need To Follow

Question: We have a remote workforce. One of our employees just moved to a different state. It does not impact their job performance or schedule, but is there anything we need to do?

Answer: Having remote employees does not negate an employer’s obligation to follow the laws of the state and city where their employees work. This means that not only do companies need to comply with regulations in the state where their corporate office is located, but they also need to follow those wherever an employee works, including from a home office and, in some cases, where they will be working for an extended period. 

Since your employee has moved, you will need to enroll with their new state of residence to ensure that proper payroll taxes are withheld and unemployment records are maintained. You will also need to ensure your Workers’ Comp coverage is valid for that state. Since all states and some cities have unique employment laws, you also need to research applicable employment laws, such as breaks, paid and protected time off, leaves of absence, and wage-and-hour laws.

If you do not have the capacity to expand into other states or do not want to be obligated to follow the more restrictive or beneficial laws of certain states, you can restrict where an employee is permitted to work from, either for a short or extended period of time. You can require them to get permission before working in a new location and reserve the right to deny such requests.

If you have any questions, please don’t hesitate to reach out. 

To learn more, visit www.theworkplaceadvisors.com.