By Gel Santos Relos
"Balitang America" reported on the case of four Filipino nurses who were
fired from their jobs at a Baltimore hospital for allegedly speaking Tagalog
during their lunch break. They insisted their rights were violated after Bon
Secours Hospital terminated them. The Bon Secours Hospital
imposed its English-only language rule last November, which covered only the
emergency department, where the Filipino nurses worked. Some hospitals
impose this rule to protect patients.
However, these Kababayans
said they did not get any warning and felt they had been singled out. One of
them said the termination was a bigger
surprise because she worked at the human resources department as a secretary
who is not at all involved with patient care.
These nurses believe this
sets a dangerous precedent for all foreign health care staff in US
hospitals. They seek the support of nurses groups as they pursue their
discrimination complaint against Bon Secours Hospital. “We got terminated
because we were talking in our native language which is unfair to all Filipino
nurses and I’m making an appeal to the nurses association that with this
incident, I think we need to let them know that we didn’t harm any patient when
we were talking in our native language.”
While we pride ourselves
of being one of the few immigrant
communities who can effectively communicate bilingually in both English and our
native language, English just remains to
be our second language. We still think in Filipino, and our brain just
translates the thoughts from Filipino to English. This can really be a
complicated process because sometimes, words and phrases in our native tongue
do not have a direct translation in the English language.
Secondly, it just feels
better when we speak in Filipino when talking to our kababayans because we just
can express our minds and feelings better. Masarap
magsalita sa sariling wikang kinagisnan at kinasanayan na natin! Maybe this
is also our way of connecting and re-connecting to our roots even when we are
oceans away from the Philippines!
We are fully aware that when
we decided to immigrate to and work in America, we have also implicitly agreed
to the need and propriety to speak in English. This is America and English is
her national language.In fact, this is one of the requirements to be imposed by
the proposed Immigration Reform Bill---undocumented immigrants must learn how
to speak in English or they lose the pathway to citizenship. Hard as it may be for many of us, we just have
to learn how to write and speak in English in order to be more productive
residents and citizens of our adoptive country.
This is just basic courtesy
for other non-Filipino speaking people whom we do not want to alienate when we
are so deeply into our own world as we speak in our native tongue. We ourselves
feel “lost” when we approach a group in our workplace or community organization
they just continue speaking in their own language or dialect despite our
presence, making us think “Ako ba ang
pinag-uusapan nitong mga taong ito?”.
Administrative Judge Stuart Breslow declared, “Her actions were not intended to deliberately violate the directive, but were merely an inadvertent action on her part to greet and talk to a fellow employee in their native tongue. At no time during these encounters did any discussion about a patient take place and no patient was placed at risk as a result of her actions”.
Judge Breslow ruled that the Employer has a right to expect that its employees will follow its policies and directives. However, he pointed out that while failure to abide by the directive may be considered misconduct, the one instance where the Claimant discussed a patient with another employee in her native language and the other incidents of inadvertently greeting an employee in her native language are not found to be a deliberate and willful disregard of standards that the Employer had the right to expect.
The four Filipina nurses’ lawyer Atty. Valera said they plan to introduce the Maryland administrative court’s ruling as additional evidence in the discrimination complaint they filed last month before the federal Equal Employment Opportunity Commission.