CFI :: EEOC Recognizes Court Interpreters as Professionals

The Equal Employment Opportunity Commission (EEOC) recently acknowledged that court interpreters are professionals under the EEOC definition and as such must be reported by their employers as a professional job category (see reverse for EEOC determination). This determination by the EEOC was in response to a request by interpreters in Region 4 who researched the issue and sought the determination.

The EEOC is the federal agency charged with tracking employment statistics that are used for the purpose of enforcing anti-discrimination laws that protect against employment discrimination on the basis of race, ethnicity, gender and other protected classes. The determination is used for the limited purpose of reporting the number of employees in each job category to the EEOC.

We have been asked what this means and what practical effect it may have on how we are treated by the Courts with regard to benefits, salary and other terms and conditions of employment. CFI has been consulting with labor attorneys and discussing this issue with interpreters around the state. We are forming a committee in Orange Co. where this began to carefully study the matter and determine what
other steps to take on the basis of this determination.

While we cannot yet definitively say what the significance is of this determination, we believe it is an important first step toward gaining recognition of our skills and knowledge and the critical work we do in the administration of justice.

Following are some preliminary thoughts and analysis.

It is clear that if any issue can unite interpreters in California it may be the almost universal view that our services are undervalued and that our professional skills are not understood or appreciated. Being viewed and treated as “professionals” is certainly what interpreters want. Yet the recognition and respect that is given to different professions varies may be as much a matter of status in our society
and culture than purely a matter of whether the job fits into a “professional” employment category or class. Consider for example that teachers, lawyers, doctors, nurses, architects, reporters, and many other groups consider themselves and are classified as professionals, but their status and compensation vary greatly as well as the perception of them as “professionals” in our society.

As interpreters, we also understand that words have multiple meanings and uses. The word professional means one thing in common usage and has another purpose and meaning when it is used in the context of employment law. In addition to the EEOC definition, there is also a separate and different definition of “professional” under the Fair Labor Standards Act (FLSA) that is used to determine certain employment conditions. A professional classification under the FLSA can affect the
way an employee is treated with regard to work hours, eligibility for overtime and the type and level of compensation and benefits that may be available.

The determination that interpreters are professionals under the EEOC’s definition does not automatically mean that we meet the criteria for that designation under the FLSA. This is an important question that we are still looking into.

The EEOC determination also does not mean that the people who use our services will treat us with greater respect or that we will be compensated more fairly. We will still have to work toward those goals by acting like professionals, and demanding fair compensation as a united group.

We do believe, however, that the EEOC determination is a significant step forward and may act as a catalyst for courts to reevaluate the way we are treated and to see that improvements in compensation, treatment and benefits are long overdue. The interpreters who sought this determination have done a service to interpreters across the state and we will continue to pursue further gains that may come from this decision.