Forklift Certification Materials In Spanish - Are We Required?

HRFLDist

We have an employee who did not pass our forklift certification test.  He states he was unable to pass the test because it was not written in Spanish.  We have never given the test in Spanish and the materials do not come in Spanish.  Are we required to provide the test materials in Spanish?  We have other bilingual employees who were able to pass the test which was written in English.  Any advice?  Thanks!

TXHRGuy

Do you have a policy on English literacy requirements?  Would such a policy be legal in your state?  Would the employee meet the standard of your requirement?  Is the test within the scope of the base requirement set out in your policy?

HRFLDist

This is how are requirments are listed on our job description "Ability to read and comprehend documents in English. Ability to write routine reports and correspondence in English" and our company is located in Florida.  The employee was able to pass all of our pre-employment process which included a basic (elementary level) English comprehension assessment.

TXHRGuy

I would be hesitant to use a skill test that requires higher language competency than the test used for hiring.

If the employee's verbal competency is greater, consider giving the test orally.  If the employee "knocks it out of the park," then there might be a concern that the hiring test does not adequately select based on the actual level of competency required.