October 20, 2020 § Leave a comment
Every four years during the Presidential election season in the United States many interpreters face the Electoral College topic even when their assignments are non-political. This time, no doubt because of the American president, more friends and colleagues from the United States and abroad have contacted me than ever before. Because of its American uniqueness, this topic presents a challenge to many colleagues who usually work outside the United States and to others who live in the country but grew up somewhere else. The Electoral College is one issue that many Americans do not fully understand, even if they vote every four years. Interpreters cannot interpret what they do not understand, and in a professional world ruled by the market, where the Biden and Trump campaigns are dominating broadcasts and headlines, this topic will continue to appear on the radar screen. Therefore, a basic knowledge of this legal-political process should come in handy every four years.
Because we are in a unique election cycle, and Election Day will be here before we know it, I decided to humbly put my legal background and my passion for history to work to benefit the interpreter community. I do not intend to defend the American system, or convince anybody of its benefits. I am only providing historical, political, and legal facts so we can understand such a complicated system in a way that if needed, our rendition from the physical or virtual booth is a little easier. This is not a political post, and it will not turn into one.
Every four years when an American citizen goes to the polls on the first Tuesday in November to elect the new president of the United States, that individual does not vote for the presidential candidates. We Americans vote for a preference (Republican, Democratic and occasionally other) and for electors who will go to Washington, D.C., the nation’s capital, in December to cast the electoral votes from that state, in the case of 48 states, for the candidate who represents the preference of the majority of the state voters as expressed on Election Day. Other two states, since 1972 Maine and starting in 1992 Nebraska, allocate their electoral votes in a semi proportional manner. The two state’s electoral votes representing the two senators from that state, are assigned to the plurality winner of that state’s popular vote, and the other electoral votes that correspond to that state are given to the plurality winner in the popular vote in each of the state’s U.S. House of Representatives district. Maine has 4 electoral votes and Nebraska has 5. This means 2 and 3 electoral votes respectively will go to the candidate who wins that district, even if the candidate does not win a plurality of the popular vote statewide.
We vote for the people who will go to Washington D.C., to vote on our behalf for the presidential candidate who received the most direct votes from the citizens of that state during the general election. After the November election, those electors are pledged to the candidate who received the most votes in that state. The result: We have direct vote elections in each state, and then we have the final election in December when the states vote as instructed by the majority of its citizens. It is like a United Nations vote. Think of it like this: Each state elects its presidential favorite; that person has won the presidential election in that state. Now, after the November election is over, the states get together in December as an Electoral College and each vote. This is the way we determine a winner. Each state will vote as instructed, honoring the will of its citizenry and the mandate of its state’s constitution. We do not have proportional representation in the United States.
Historically and culturally this country was built on the entrepreneurial spirit: Those who risk everything want everything, and when they succeed, all benefits should go their way. We are an “all or nothing” society. That is even reflected on our sports. All popular sports invented and played in the United States have a winner and a loser by the end of the game: Americans dislike ties because they associate a tie with mediocrity. A baseball game can go on forever until a team wins. We do the same in politics. Once the citizens have voted, the winner in that state (except for Maine and Nebraska above) gets all the benefits, in this case all the electoral votes; it does not matter if he or she won by a million votes or by a handful. You may remember how President George W. Bush was elected to his first term; he won Florida by a small margin, but winner takes it all, therefore all of Florida’s electoral votes went to him and he became the 43rd. President of the United States. Thomas Jefferson and John Quincy Adams got to the White House with a margin smaller than George W. Bush. In recent years, another two presidents got to the White House without getting a majority of the popular vote: Bill Clinton twice, and president, Donald J. Trump. According to all presidential polls, if president Trump was reelected, he would go back to the White House after winning the electoral college, but losing the popular vote.
The electoral college was born to have a duly elected democratic government that would replace the monarchy Americans endured in colonial times. The state of communications and the educational level of the American population were such, that it was thought unwise to hold a direct presidential election where the winner of the popular vote would become president of the United States. Access to newly founded Washington, D.C., surrounded by swamps and, for Eighteenth Century standards, far away from most thirteen original states made it uncertain that all states would get to vote in a presidential election. Because only a handful of representatives from each state would go to the capital to cast that state’s votes for president, it was decided that only land holder white men would have a right to vote for these electors. It was decided to exclude white men with no land as they had no vested interest in the election; women were considered unprepared to make such a decision, blacks were slaves and deprived of human rights, including political ones, and Native Americans and other minorities were not considered citizens of the United States, and ineligible to vote. Eventually, after a Civil War a century later, and several social movements a century after the War, all men and women born in the U.S., or naturalized American citizens, regardless of race, ethnicity, gender, or national origin, successfully claimed their human right to vote. The American population of the United States territories are nationals of the U.S., and they can vote in a presidential election if they are residing in the 50 states or the District of Columbia.
I mentioned earlier that most Americans like the principle of winner takes it all. Although that is true, the country’s political and legal systems rest on a foundation of fairness and justice. With a nation as diverse as the current United States, a majority believes the only way to maintain these principles is through a balance of the rights of the people on one side, and those of the states on the other. (For those who have a difficult time understanding why the states have rights separate from the people, please imagine the United States as a mini-world where each state is an independent country. Then think of your own country and answer this question: Would you like a bigger or more populated foreign country to impose its will over your country, or would you like for all countries to be treated as equals?) In December when the electors or delegates from each state meet as an electoral college in Washington D.C. to cast their state’s electoral votes, all states have a voice, they are all treated as equal. This is the only way that smaller states are not overlooked; their vote counts.
We find the final step to achieve this electoral justice to all 50 states of the United States of America (and the District of Columbia) and to the citizens of the country, in the number of electoral votes that a state has; in other words, how many electors can a state send to Washington D.C. in November. The answer is as follows: The Constitution of the United States establishes there will be a House of Representatives (to represent the people of the United States) integrated by 435 members elected by the people of the district where they live. These districts change with the shifts in population but additional seats are never added to the House. When the population changes, the new total population are divided by 435 and that gives you the new congressional district. The only limitations: An electoral district cannot cross state lines (state borders) therefore, occasionally we will have a district slightly larger or slightly smaller, and every state must have at least one electoral district (one house member) regardless of its population. The American constitution establishes there will be a Senate (to represent the 50 states) integrated by 2 representatives or members from each state, currently that is 100 senators elected by all the citizens of that state. When new states have been admitted to the Union (the last time was 1959 when Alaska and Hawaii became states number 49 and 50 respectively) the senate grows by two new members.
As you can see, all states have the same representation in the Senate (2 senators each) regardless of the state’s size or population. The House of Representatives has more members from the states with larger population, but all states have at least one representative in the house. This way the American system makes sure that the will of the majority of the people is heard in Congress (House of Representatives) and it assures the 50 states that they all, even the smaller ones, will be heard as equals in the Senate. You need both houses of Congress to legislate.
Going back to the Electoral College, the number of electoral votes each state has is the same as its number of Senators and Representatives. The total number of Senators and Representatives is 535 (435 Representatives and 100 Senators) Washington D.C. is not a state; therefore it has no Representatives or Senators, but it has 3 electoral votes to put it on equal footing with the smaller states for presidential elections. Therefore, the total number of electoral votes is 538. Because of these totals, and because of the American principle of winner takes it all that applies to the candidate who wins the election in a state, to win a presidential election, a candidate must reach 270 electoral votes. This is the reason California, our most populated state, has 55 electoral votes (53 Representatives and 2 Senators) and all smaller states have 3 (remember, they have 2 Senators and at least one Representative in the House)
The next time you have to interpret something about the Electoral College in the United States remember how it is integrated, and think of our country as 50 countries with an internal election first, and then vote as states, equal to all other states, on the second electoral round in December. Because on the first Tuesday in November, or shortly after that, we will know who won each state, we will be celebrating the election of a new president, even though the Electoral College will not cast its votes for another month. It is like knowing how the movie ends before you see it.
Electoral votes by state Total: 538;
majority needed to elect president and vice president: 270
|State||number of votes||State||number of votes||State||number of votes|
|District of Columbia||3||Missouri||11||Tennessee||11|
|Indiana||11||New Mexico||5||West Virginia||5|
I now invite your comments on the way presidential elections are conducted in the United States, but please do not send political postings or partisan attacks. They will not be posted. This is a blog for interpreters and translators, not for political debate.
October 24, 2018 § 7 Comments
Several government decisions in the United States and elsewhere have impacted our profession recently, and they all have something in common: They have protected interpreters and translators from some one-sided practices enacted by multinational language providers, copied by smaller interpreting and translation agencies, and adopted by some government bureaucracies to appear as if they are meeting their legal obligations to society.
Some of the most notorious and talked about decisions include the National Labor Relations Board (NLRB) order to the U.S. government services contractor SOS International (SOSi) to reclassify its interpreters working in United States state courts as employees in March 2018, bestowing interpreters and translators who worked for this agency as independent contractors with all protections defined by the National Labor Relations Act, including benefits reserved to full-time workers. In April 2018 some Lionbridge contractors who provided their services as software testers at Microsoft, settled a case they had before the NLRB.
Despite the effects of the decision above, it was the landmark ruling on April 2018 by the California Supreme Court in the Dynamex case that shook the status quo like nothing before. California’s highest court ruled that the delivery service provider Dynamex misclassified its workers as independent contractors when they should be protected and treated as employees. Here, the Supreme Court of California adopted the “ABC test” to determine if a contractor is an independent worker instead of an employee. This decision’s repercussions extended to all individuals providing services as independent contractors, including interpreters and translators, when the company is in control of the performance of such service contractually or de facto; to those contractors who perform a service that falls within the usual services regularly provided by the company; and to those contractors who cannot be regularly selling their services to other clients, because they are constantly engaged by the company, leaving them no time to work somewhere else.
There are many interpreters and translators, myself included, who do not want to be employees anywhere; There are many interpreters and translators, myself included, whose professional practice will not be affected by these or other rulings similar to the ones mentioned above; however, many colleagues would benefit from such decisions. These are usually the colleagues who these entities take advantage of. We are talking about colleagues who, for many reasons, cannot ditch the exploiter and have to roll with the punches, accepting work under deplorable conditions such as rock-bottom fees, solo interpreting assignments, interpretations on a pay-per-minute basis, and other abuses practiced by these agencies never stopped by the authorities before.
As expected, many agencies who practice this business model got extremely nervous: This could be the beginning of the end to their lucrative unchallenged practices. They would not allow this to happen.
On August 8, 2018 the Association of Language Companies (ALC) met in Washington, D.C. to conspire about a way to keep independent interpreters and translators from gaining these legal protections and to maintain the up-until-now comfortable uneven field they enjoy. As a first step, they lobbied the United States Congress to change the law and make it impossible for these interpreters and translators to benefit from the administrative and judicial resolutions that protected them. The event was organized by ALC’s lobbyist: The Joint Committee for Languages and the National Council for Languages and International Studies (JNCL-NCLIS). During the meeting, ALC delegates argued that “…the added cost of providing full benefits to every single contractor would likely put many (agencies) in danger of going out of business…” They manifested that “…the implications for the “industry” could be devastating…” There are two more ALC summits already scheduled for the first half of 2019. For more details on the Dynamex ruling and my interpretation of the ways it benefits all independent interpreters and translators, even those who do not deal with these multinational or abusive agencies, please read my blog entry of August 29, 2018.
We can see that a confrontation of ideas and how we view our profession contrasted by the way these entities perceive us as industry laborers may be inevitable. I do not blame the agencies for defending their golden eggs goose. I understand their decision to lobby Congress to protect their interests; unlike professional interpreters and translators, their loyalty is to their shareholders and partners, not to the quality of the service or the profession. We also need to defend our interests, and we will.
To do it, we all know that we face a David and Goliath battle against the ALC and others. They have the finances to fight us in court and Congress. There are no surprises here and we must plan accordingly.
Unfortunately, on top of the known obstacles we need to overcome, potentially, there is an added problem, something that most colleagues are unaware of, something that looks wrong: Some of the professional associations of interpreters and translators, including the largest, use and pay for the services of the same lobbyist ALC is using to undermine the interests of many of their own members: our colleagues.
The American Translators Association (ATA) is represented, in its lobbying efforts, by the Joint Committee for Languages and the National Council for Languages and International Studies (JNCL-NCLIS). Let me explain: ATA membership fees are used to pay for the services of JNCL-NCLIS simultaneously this lobbyist is advancing ALC’s cause to kill those government decisions that favor many independent interpreters and translators. ATA is not the only professional association with a lobbyist in Washington, D.C., but it is the largest one, and it is the one with Board members up for election this week at the general meeting in New Orleans. This post is not motivated by any ill feelings towards ATA or any other professional association, but by my desire to have more transparent governance and accountability in our associations to protect our profession from those who try to dehumanize it and turn it into a laborer’s service.
I will now disclose some facts about JNCL-NCLIS so you understand exactly who we are dealing with: Unlike most lobbyists, they are a non-for-profit organization that started servicing foreign language teachers. There was a time, however, when ATA’s leadership decided, without a real explanation to the membership, there was synergy between these teachers and ATA members who are not teachers, but interpreters and translators. ATA pays a yearly fee to JNCL-NCLIS for its services as a lobbyist. This differs from the usual per-hour fees that most lobbyists charge to their clients. The amount of this annual payment is based on the size of ATA’s membership, because it is paid with our membership fees. The person from JNCL-NCLIS who deals with ATA is Bill Rivers, who also deals with ALC, and continuously works for the advancement of the interests of the agencies. Interests often in conflict with the interests of ATA’s individual membership (us), even though they benefit its corporate members (they). Bill Rivers deals with ATA’s presidency, not with the Board. The Chair of this lobbyist’s Education and Pedagogy Committee (an unpaid position) is a former ATA President. JNCL-NCLIS has assisted at least one agency owner ATA Board member, along with other agencies, on another matter affecting workers’ compensation for interpreters and translators somewhere in the northwest.
There is a huge conflict of interest, and ATA should retain a different lobbyist, even if the fee is higher. No other association in the world spends the money ATA spends on its annual conference, and an independent lobbyist would be more beneficial to the membership at large than such an extravagant, expensive conference. Corporate members would lose an ally, but professional associations exist to benefit the individual, not the corporations.
Even if JNCL-NCLIS lobbyists are professional honorable people, when lobbying for ALC, they could disclose to House members and Senators they are also ATA’s lobbyists; This will convey the message that interpreters and translators endorse the same positions and business model these multinational agencies do.
Some of ATA Board members are agency owners who vote on decisions that could adversely affect individual interpreters and translators. There is nothing on the bylaws banning this practice, but it is another conflict of interest.
The bylaws need to be amended, if not to bar small agency owners from the Board, to at least keep them from voting where they may have a conflict of interest, or there may be the appearance of one. Meanwhile, all Board members who own an agency, and there are at least three at the moment, and two will remain as part of the Board after this week’s elections, must recuse themselves from participating in any debate and casting any vote where there may be, or may appear to be a conflict of interest. This all judges and corporate board members do every day all over the world.
I invite you to demand that all professional associations with lobbyists on retainer only hire lobbyists that do not represent the interests of the agencies and corporations, and bar all agency owners from voting where there is, or may be a conflict of interest. Meanwhile, I invite you all to vote this week in New Orleans for ATA candidates who oppose the current lobbyist situation and support the recusal of all Board members who own an agency in case of a potential conflict of interest. I now ask you to share your thoughts on these crucial matters to any professional association.
September 17, 2018 § 2 Comments
Imagine having to support a family when you are unemployed, poor, desperate, living in a country torn by war, ruled by a despot. Then one day, somebody tells you that, because you speak a foreign language, you can become an interpreter for a foreign army. You are told that you will be paid for that service, and after the war, this foreign government will take you and your family to their country where you will be safe from retaliation, and will live a better life. Those of us living in a western nation cannot even imagine that situation, much less the ray of hope it means to many humans who live in that reality. This is the story, and the dilemma, of a conflict-zone interpreter.
You just noticed that today’s post is about interpreters in conflict zones. Please do not go away! I know most of you access this blog to read and debate topics related to conference, court, healthcare or community interpreting. Today please read this post from beginning to end, show your determination to defend the profession, and do something that will make you feel good as a human.
Throughout history, explorers, conquerors, traders, religious missionaries, and all others who found themselves in a foreign land where they did not understand the local language have used interpreters to accomplish their mission. Often, these interpreters have been local individuals who spoke both, the foreign and domestic languages, and with no formal training, but armed with their natural skills, and some powerful motivation, provided their able services even when it meant risking their lives and the lives of their loved ones. From Malintzin to Squanto, Boubou Penda to Luis de Torres, these interpreters, our colleagues, have contributed to the history of civilization providing a bridge that made communication possible when peoples did not speak the same language.
These interpreters have been essential in all armed conflicts: invasions, liberations, occupations, and peace negotiations. Many in recent history, like the Navajo Code-Talkers who serve the United States armed forces during World War II. Others, anonymously participating in conflict zones like Vietnam, Operation Desert Storm, and the Bosnian War.
Western nations have benefited, and still do, of the services of interpreters in conflict zones who assist military forces and civilian contractors in places like Africa and the Middle East.
From the start of the war in Afghanistan, and the U.S.-led invasion of Iraq, western nations participating in those conflicts scouted those two countries looking for local women and men who spoke the local language and that of the western country. The United States, United Kingdom, Canada, Australia, Spain, France, and others, recruited bilingual individuals, often with a professional education background (doctors, teachers, engineers) who had no employment due to the armed conflict or because of their political opinions, ethnic group, or religious beliefs. Some had openly opposed the local regimes and were personae non gratae in the eyes of the despot in charge of government, others quietly disagreed with the way their countries were governed, afraid to say anything the authorities could perceive as treacherous. Others’ sole motivation was to feed their families.
All these courageous humans knew what they were risking by helping the West. Besides the tremendous danger of being in a theater of operations in Iraq and Afghanistan where they could be killed during a fire exchange, and ambush, or by an improvised explosive device (IED), they knew the consequences if caught. Their execution, and that of their immediate family members was a reality they faced every day the worked with the foreign armed forces and independent defense contractors in their countries. These were (and are) brave and courageous individuals. They also knew that all armed conflicts have a beginning and an end. They recognized the dangers they would face after the foreign troops left their countries. They knew their families, even if not involved in the armed conflict, would face the same consequences. To stay behind after the Western armed forces left would be a death sentence.
The United States and all of its allies were aware of this reality. They knew the only way to recruit much needed interpreters and translators was promising they would not be left behind. These conflict zone interpreters got assurances from the western governments they served that when the time to withdraw their troops came, they, and their immediate families would be taken to their countries to start a new life free from death threats and other retaliatory actions. In other words: conflict zone interpreters agreed to provide their services and the western nations promised they would take them to the United States, United Kingdom, Canada, Australia, Spain, France, and all other countries to use interpreting services for military and civilian personnel. As we know, the troops withdrew from these countries, but many interpreters continue to wait for an entry visa to the country that promised to take them. Interpreters have been admitted to these western countries, but it has been a fraction. Many of those who have moved to their new countries endured a lengthy and cumbersome process. During this time, as expected, many conflict zones interpreters, and their family members, have been executed as traitors back home while waiting for a visa.
These interpreters, our colleagues, did their part, they rendered the service facing tremendous risk and unimaginable working conditions. They were essential to accomplish a mission; through their work they saved many western and local lives. The West has not honored its word.
This is not a political post, and I am not arguing for or against the admission of refugees in any country. I understand there are very solid arguments for and against admitting refugees. I am not endorsing or condemning the armed conflicts in Afghanistan and Iraq either. Solely this post invites you all, interpreters and translators worldwide, regardless of your political persuasion, religious beliefs, or immigration stands, to join to protect the profession by supporting our conflict zone colleagues, just like attorneys help each other, as Marines leave no one behind. We need to raise our voice and tell the governments of those western nations who made a promise to these interpreters when they needed them, to walk the walk and deliver. We need them to know that we know, and we need to push for an expedient visa issuance system for these colleagues. Countries who break promises look bad and lose credibility. Interpreters who believed their promise continue to die while government authorities drag their feet motivated by politics instead of integrity.
Through my work as a civilian interpreter with the armed forces and defense contractors, and as an interpreter trainer, I have met several military and conflict zone interpreters who have served in different places. I have heard from them some horror stories of killings, kidnappings, rapes, and beatings. I have gotten to know many as friends and colleagues. I have met their families. I have also heard the tales of those less-fortunate still risking their lives while they wait for an answer from the West.
I also recognize the amazing, tireless, work of Red T, its compassionate and courageous CEO Maya Hess who I have the privilege to know personally, and the professional associations that support its efforts and share its values: The International Association of Conference Interpreters (AIIC) The International Federation of Translators (FIT) and many of its member organizations; The International Association of Professional Translators and Interpreters (IAPTI); Critical Link International, The International Council for the Development of Community Interpreting (CLI); and the World Association for Sign Language Interpreters (WASLI). Some time ago during the IAPTI Congress in Bordeaux France, I had the opportunity to hear Maya’s passionate description of their efforts to raise awareness and to get a United Nations declaration of legal and physical protection for translators and interpreters in conflict zones. On that occasion, she was joined by another fighter for protecting these colleagues: Linda Fitchett, Chair, Conflict Zone Group, AIIC. Just this Spring I had the opportunity to hear Maya once again, this time in Zaragoza Spain during ASETRAD Congress where she spoke before a big crowd of interpreters and translators, and was joined by some conflict zone interpreters for a round table discussion. On that occasion, ASETRAD conferred honorary membership to Red T. To learn more about Red T and to support their campaigns, please visit: www.red-t.org
My motivation to write this post at this time has to do with the Congressional elections in the United States this November. On November 6, Americans will vote to elect one third of the members of the U.S. Senate (according to the U.S. Constitution, the Senate renews its membership one-third at a time every two years) and for all the members of the House of Representatives. Political campaigns just started last week and all candidates will visit your hometown, attend townhall meetings, debate their opponents, pay attention to your phone calls, and read your mail.
This is the time to tell your senators and representatives running for office that as a professional interpreter or translator, and as an American who values your country’s word and promises, that you want them to pass an increase on Special Immigrant Visa numbers (SIV) for conflict zone interpreters and their families, and to expedite the visa processing times, at least to comply with the nine-month limit in the books which has not been observed. During the last 2 years the number of SIV approvals has declined and the process has seen considerable delays. The official argument is the security background checks. It is understandable and desirable that the government carefully review case by case, but it is also necessary that authorities consider previous background checks and past performance. Remember, these interpreters already worked with members of the U.S. Armed Forces and risked their lives to do their job. Please call the candidates’ campaign headquarters, your Senate and Congressional Offices back home and in Washington, D.C., and support our colleagues. I guarantee you will feel better afterwards.
Regardless of where you live, contact your U.S. Representative. Remember: They are all up for reelection. Please contact your Senate candidates if you live in these States:
To contact the U.S. House of Representatives, go to https://www.house.gov/representatives
To contact the U.S. Senate, visit: https://www.senate.gov/reference/
If you do not leave in the United States, please contact the office of your President, Prime Minister, or Head of Government. You can also visit Red T to sign the petitions.
Remembering that no political debate will be allowed, I now invite you to share with you your experiences as a conflict zone interpreter, or your ideas on how to press Congress and foreign governments to live up to their promise to our colleagues: the conflict zone interpreters.
August 29, 2018 § 6 Comments
The Association of Language Companies (ALC) effusively announced that on August 8 of this year “leaders from the language service industry gathered on Capitol Hill to sound the alarm over new <disruptive> employee classification regulations that threaten to upend the $45 billion-per-year industry’s business model”.
Over fifty individuals attended their “policy summit” to “strategize an industry-wide response to the recent California Supreme Court ruling which narrowed the definition of who can be classified as an independent contractor”.
As part of a public relations campaign, many of these agencies’ representatives have been telling interpreters that the California Supreme Court decision is terrible and, unless it is neutralized, it will effectively destroy the interpreting “industry” leaving thousands of interpreters with no work. Without even hearing the details of the decision, and knowing how it will affect them as freelancers, not as agencies, some of our good colleagues celebrated the agencies’ lobbying efforts, and even praised them for “saving our source of income”.
I agree that the Dynamex decision by the California Supreme Court will affect freelance interpreting, but I disagree it will hurt independent interpreters and it will be the end of our profession as we know it. This court decision is a rare occasion when judicial decisions favor independent professionals over the special interest groups financed by the big multinational agencies, and if independent interpreters play their cards wisely, it will bring huge benefits to them. Let me explain:
We should start by understanding what the California Supreme Court decided on April 30, 2018 in Dynamex (Dynamex Operations West, Inc. Petitioner S222732 v. The Superior Court of Los Angeles County, Loa Angeles County, Respondent; Super Ct. No. BC332016, CHARLES LEE et al., Real Parties in Interest).
In an 82-page decision, the Court rejected the Borello test to determine whether workers should be classified as either employees or independent contractors for the wage orders adopted by the California Industrial Welfare Commission, for a worker-friendly standard that may change the independent contractor market. The California Supreme Court embraced a standard presuming that all workers are employees instead of contractors, placing the burden of proof on the agency or other entity classifying an individual (in our case the interpreter) as an independent contractor. For those of you who practice court interpreting: This is similar to the prosecution burden of proof in a criminal case. Although not subject to a “beyond a reasonable doubt” standard, companies, agencies, and other entities must overcome the legal presumption of employment (just like the presumption of not guilty in Criminal Law).
But, where does this decision originate?
Dynamex is a nationwide same-day courier and delivery service offering on-demand same-day pickup and delivery. Before 2004 Dynamex classified all of its California drivers as employees, but staring in 2004 they converted all of their drivers to independent contractors to save money on employee benefits and expenses related to income tax retention. A year later, a driver named Charles Lee entered into an independent contractor written contract with Dynamex. After leaving his work at Dynamex, Mr. Lee filed a class-action lawsuit on his own behalf and that of other drivers in a similar situation against Dynamex. During their time working for Dynamex, these workers had to work during the hours and according to the schedule unilaterally set by Dynamex; they received direct and strict direction from Dynamex in a subordinate relationship instead of an equal-to-equal relationship as expected by independent contractors, and the drivers could not work for someone else because they were always working for Dynamex under the described conditions. They alleged that Dynamex had misclassified them as independent contractors in violation of State law, including various sections of the Labor Code and the Business and Professions Code Section 17200 (engaging in unfair and unlawful business practices).
The case went through a long litigation in California until it finally reached the Supreme Court where the Court framed its decision by broadly characterizing the misclassification of independent contractors as harmful and unfair to workers, honest competitors, and the public. The Court did a long and detailed analysis of precedent, analyzing Borello, Martínez and Ayala v. Antelope Valley Newspapers, Inc. (59 Cal. 4th 522, 527. 2014)
The California Supreme Court rejected Dynamex’s arguments for applying said previous cases. Instead, the Court adopted the ABC Test to determine if an individual is an employee or an independent contractor. Under the test, a worker will be deemed to have been “suffered or permitted to work”, and thus an employee, unless the employer proves:
- A. That the worker is free from the control and direction of the hiring entity in the performance of the work, both under the contract for performing the work, and in fact.
- B. That the worker performs work that is outside the usual course of the hiring entity’s business; and
- C. That the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
Each requirement needs to be met for the presumption that the worker is an employee to be rebutted, and for a court to recognize that a worker has been properly classified as an independent contractor. If a worker is classified as an employee, the employer must pay Social Security and payroll taxes, unemployment insurance taxes, state employment taxes, worker’s compensation insurance coverage, and all Labor Law rules and conditions regarding wages, vacation, sick leave, overtime, maternity leave, etc.
Bringing the Court decision to the interpreting field, we find that most agency-freelance interpreter relationships will fail the ABC test.
Agencies would fail “A” because they micromanage interpreting assignments. From checking in and out when arriving or leaving the site of interpretation, to endless paperwork required for payment and other “rules”; not forgetting ridiculous dress codes, and other one-sided rules such as not talking with the client about interpretation.
They would also fail “B” because it would be extremely difficult to argue that the fact that an interpreting services agency is hiring an interpreter as an independent contractor, constitutes a service outside the course of the agency’s business; and
They would fail “C” because they hire the interpreter according to such schedules they cannot render the services anywhere else, they make them sign non-compete contracts, force them to hide their personal business from the client so the agency does not lose the client. In other words: an outsider could not see the difference between a staff interpreter working side-by-side with an independent contractor.
Now you know, the “industry leaders” are spending their money in lobbyists so they continue to pay rock bottom fees to most interpreters with no risk. They keep the money and the interpreter gets close to nothing, without having a say.
I don’t want you to think that all agencies are bad either; I happily work with some who respect me as a professional. I am not saying that freelancing is bad. I do not want to be considered an employee of any agency or other entity.
I do not support what the multinational agencies are doing for three reasons: First, because I want to be the one who decides if I want to be an independent contractor or not. I do not want to leave the decision in the hands of greedy one-sided “industry leaders”. Second, I think that been treated as employees would be great for many colleagues who could not succeed in the freelance market. They would get a decent wage, and many other social protections that otherwise they would lack if they continue to freelance for those agencies who bring in the money for the shareholders (nothing wrong with that) and pay very little to the interpreter, so little it is not enough to afford a decent health insurance coverage and a retirement plan (this is wrong). My third and very powerful reason not to support this lobby effort is very important:
Now that there is a court decision that favors independent contractors in California, interpreters should seize the moment, take advantage of this leverage, and negotiate a system that benefits all professional interpreters: those who want to be staff and those of us who will continue to freelance. A system that keeps agencies in business, but eradicates the one-sided system most interpreters (out of necessity or because of lack of negotiating skills) endure today. I propose this:
Raise our voice so the non-interpreters in the field (aka: the “industry leaders”) do not get away with passing one-sided legislation as they are trying right now. We have to act with energy and decision because they are pursuing an option as nefarious and unfair as the “Major League Baseball” exception Congress granted once and landed thousands of professional ballplayers in servitude where they could be bought, traded and sold having no input.
These “industry leaders” argue that Dynamex should not be applied to them, because they are not part of the “gig” economy. They told Congress they “exclusively” work with “…highly-trained and educated professionals whose success is dependent upon the highest quality of work…” adding that “…to be a professional linguist takes years of education and training…” They mentioned the State Department interpreters as an example. I wonder why they did this instead of mentioning the many interpreters they hire without a college degree but with a high school diploma, or how they justify laborer pay for such illustrious “linguists”.
We do not have the funds to lobby against this multi-headed hydra, and we cannot go to our largest professional association because it will not go against the interests of its corporate members, and they may even share the same lobbyists as the “industry leaders”. What we have is the right to testify in congress, appeal to the ACLU for help if needed and pertinent, and most important: We have our professional services and skill as leverage.
I wonder why we need to change the law and attack the Supreme Court decision. If agencies really want to work with the best, professional, trained, and experienced, they should have no problem complying with the ABC criteria. The problem is, dear colleagues, that they do not want the brightest professionals, they are too expensive. They want the high school diploma new paraprofessional interpreter who will work for a pay similar to Wal-Mart’s, and to avoid mistakes, she must do it under micromanagement conditions. They do not want the best because they would risk to lose the client. They want somebody so afraid of losing this laborer’s salary job, that he will never dare to tell the client he interprets independently from the agency, even when the client already knows it and sees this situation as ridiculous.
Interpreters, however, could join the “industry leaders” as a common front to pass legislation fair to all parties. Instead of eliminating the criteria in Dynamex, a fair legislation should allow for interpreters to opt out of the employee reclassification and remain as freelancers if they do it freely, with no coercion by the agency or other entity retaining their services, and both, the written contract and de facto performance demonstrate this was not a sham by the agency, but a real independent contractor. Interpreters could then negotiate with the retaining agency a professional fee that truly depicts their freelancer status and not an employee working under serfdom conditions.
At this time in California, and unless the law changes, interpreters should demand compliance with the ABC rule. As of today, with the Supreme Court decision as the supreme law in California, compliance protecting interpreters and our profession is possible:
“A” can be overcome by negotiating a written contract that clearly leaves the interpreter free of the agency’s control. It clearly states that interpreters will deliver the service they are retained for, but all conditions to implement the service and fulfill the obligation are left to the interpreter. No more stupid paperwork that requires hours of unpaid time; no more micromanagement in the contract and in the real world.
“B” will be more difficult to overcome, especially for the smaller agencies because the multinationals have so many other businesses through subsidiaries it will be costly, but possible to solve this requirement. Remember that it is the agency’s burden, so you need not worry about this one.
“C” is your real leverage. The agency cannot overcome this requirement without the interpreter’s cooperation. You will have to show that you have a website, or an office where you offer your services to other prospective clients; you will show you are a real independent contractor by showing the authorities how you are not contractually bound to secrecy when a client asks you for your services during an assignment with the agency. More important: without your cooperation, the agency can never prove this requirement.
We must educate ourselves so we do not jump up and down as cheerleaders to support this public relations propaganda campaign. Seize the moment and change the landscape. Make these “industry leaders” live up to what they preach and, using their own words, demand they only hire the highest quality of professionals with years of education and training. We can support them in their lobbying efforts, but only when all professional freelance interpreters are paid professional fees. Do not listen to those colleagues who live in fear, worship these agencies, and think they are doing them a favor by hiring them to work. There cannot be an interpreting agency without interpreters. There can be interpreting services without agencies. I now ask you to share your thoughts with the rest of us, and please be advised that comments defending agencies will not be posted. They have plenty of media outlets to proselytize. Here we want to hear the voice of the interpreters.
January 1, 2018 § 6 Comments
Now that 2017 is ending and we are working towards a fruitful and meaningful 2018, it is time to assess what we learned during the past 12 months. As interpreters we are constantly learning, and from talking to many of my colleagues, 2017 was packed with learning opportunities. The year that ends gave me once again the opportunity to work with magnificent interpreters and many of my dearest colleagues.
Our profession had positive developments this year: The International Federation of Translators (FIT) held a very successful conference in Brisbane, Australia where those of us in attendance could see many friends and colleagues advancing our professions throughout the world. It was personally very instructive, and inspiring, to see how interpreting services in Aboriginal languages and Sign Language interpreting in many languages have grown and developed In many countries. I witnessed how the interpreting profession has moved forward in Mexico, as evidenced by the Organización Mexicana de Traductores’ (Mexican Translators Association, OMT) very successful conference in Guadalajara, The Autonomous University of Hidalgo’s University Book Fair and content-rich conference in Pachuca, and the very inspiring second court interpreter workshop and conference for Mexican Sign Language (LSM) that took place in Mexico City with the tremendous backing of the Mexican judiciary. The International Association of Professional Translators and Interpreters brought its world congress to the Americas for the first time, and the decision could not be better: An unprecedented number of colleagues from North and South America attended the event and benefited from IAPTI’s philosophy and the quality of the presentations in beautiful Buenos Aires. This, and the workshops and talks I gave in Mexico to colleagues and students, including a very special invitation to the Autonomous University of Guadalajara (UAG) have helped me understand why the profession is growing south of the border, successfully taking the challenge by their government’s total revamp of their judicial process. I also could participate in other professional conferences and seminars of tremendous level where I was honored to share experiences and exchange ideas with many professional colleagues. Thank you to all my colleagues who attended my presentations, workshops and seminars in Querétaro, Mexico City, Charlotte, San Antonio, Buenos Aires, Washington, D.C., Brisbane, Pachuca, Montevideo, Guadalajara, Seattle, Chicago, La Paz, and Baltimore. It was a pleasure to spend time with all of you in 2017.
The year that ends in a few days saw the growth of our profession in the healthcare field. Remote Simultaneous Interpreting (RSI) had a landmark year as it listened to the professional conference interpreters and treated them with respect in both, labor conditions and professional fees. It also defined itself and marked an important distinction between the quality of Remote simultaneous interpreting (RSI) and video remote interpreting (VRI) the “industry’s” option. Once again, I noticed the growth of our profession in Africa where our friends and colleagues held several professional events.
Unfortunately, not everything was good. Our court and healthcare interpreter colleagues in the United States continued their fight against “peer” mediocrity, government ignorance, and agency greed. 2017 saw the biggest shift in American foreign policy in decades and this affected our profession. Events held in the United States for many straight years left for other countries because of the uncertainty of American immigration policy. It is very difficult to plan a big conference and invest a lot of money, without the certainty that attendees from certain countries will be admitted to the United States for the event. International government programs that require of interpreting services was at an unprecedented low, and changes of personnel in the administration, at all levels, impacted the work available to interpreters in the diplomatic and international trade arena.
Apparently some bad situations remain alive, like the one suffered by the state-level court interpreters in New Mexico, and other court interpreters in some American east coast states. These colleagues continue to fight against low pay, deplorable working conditions, favoritism, ignorant government program administrators, and other problems. Some European countries, like Spain and the United Kingdom, continue to fight low quality translation and interpreting services in the legal arena.
Once again, interpreters around the world faced attempts from special interest groups to erode our profession by lowering professional standards and creating questionable certification programs, the multi-national language agencies continued to push telephone interpreting whenever, and wherever they can, offering rock-bottom per minute fees to the interpreters. Some board members in one professional translator and interpreter association maneuvered to oust two of the most valuable and recognized members of our professional community, and this jury (me) is still out on the question of the future of the association.
On a personal positive note, 2017 was the year when a long-time goal was reached: with my distinguished friends and colleagues, María del Carmen Carreón and Daniel Maya, we published the first ever text on court interpreting in Mexico within the new legal system the country recently adopted. The publication: “Manual del Intérprete Judicial en México” has been embraced by interpreters, judges, and attorneys throughout Mexico, and so far, the sales are handsome in many Spanish-speaking countries.
Of course, no year can be one hundred percent pariah-safe, so we had our “regulars” just like every single year: 2017 was full of para-interpreters trying to “take over” the market by charging laughable fees under shameful working conditions in exchange for miserable services.
As you can see, dear friends and colleagues, much changed and much stayed the same. I think that there were more good things than bad ones, but I continue to be aware of the awesome problems we still face as a profession from threats that come from without and within. I now invite you to share with the rest of us your learned lessons (good and bad) of 2017.
I wish a Happy and Productive New Year to all my friends and colleagues!
July 4, 2017 § 2 Comments
This Fourth of July the United States celebrates its 241st birthday. The founding of our country motivated me to write about a term that is frequently used but seldom understood: “The Founding Fathers”.
Many interpreters, U.S. and foreign born, including some who use the term at work, have told me that they believe they know who we are referring to when we speak of the “Founding Fathers”, but they ignore the meaning of such a phrase. They really do not understand what it truly means. The fact is they are not alone. Let me explain:
Since the foundation of the United States, there has been a great deal of respect for those who made it possible to have a new nation free of tyranny and monarchy, where people would be recognized as equal and govern themselves according to their own collective will. These remarkable individuals made a priceless contribution to the nation and were originally referred to as the “fathers” of the country.
These American heroes included those who participated in the drafting and signing of the Declaration of Independence, those who signed the Articles of Confederation of 1781, and the Commander in Chief of the Continental Army.
Another equally recognized and honored group of American heroes are known as the “framers”. They include all delegates to the Constitutional Convention of 1787 and the authors of The Federalist Papers. Of the 55 framers, only 39 were also signers of the Constitution.
The “Fathers” are called “Founding Fathers” for the first time by President Warren G. Harding in 1916. The phrase was catchy and stayed.
After 1916 the term “Founding Fathers” has been applied to all those who contributed to the birth of the nation. The original “Fathers”, the “Framers”, and many others who fought for independence on the battle field or at Independence Hall are now referred to as America’s “Founding Fathers”; and the list of “Founding Fathers” is constantly expanding to include all individuals, regardless of race, gender, or national origin, who contributed to the success of the Revolutionary War.
Presently, many authors set some of the “Founding Fathers” aside from the rest and are sometimes called the “Key Founding Fathers”. It is usually these individuals that historians, speech writers, journalists, and lay people have in mind when they speak of the “Founding Fathers”. Columbia University professor, and renowned historian, Richard Morris, identified the following American heroes as the “Key Founding Fathers”: John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington.
Adams, Jefferson, Madison and Washington were Presidents of the United States. Adams, Jefferson and Franklin were part of the 5-member Committee that drafted the Declaration of Independence. Hamilton, Madison, and Jay authored The Federalist Papers. Jay, Adams, and Franklin negotiated the Treaty of Paris that ended the War of Independence; and George Washington was the Commander in Chief of the Continental Army and presided over the Constitutional Convention. Washington, just like Hamilton, Madison, and Jay, did not sign the Declaration of Independence.
Now you know who the “Founding Fathers” are and what the term really means. Just like everything else in the United States of America, it is a group of men and women, some of them foreign born, with diverse ethnicity, who contributed their life’s work, and occasionally their own life, to create the country we honor today. We welcome your comments. Happy Fourth of July!
May 8, 2017 § 32 Comments
Recently many interpreters have been asked to provide their services for free. The current refugee situation in Europe, immigration policy of the United States, and other crisis around the world, including the awful repression of the people of Venezuela, have created a wave of foreign language speakers who seek help in countries where their native language is not spoken.
I have heard from colleagues asked to go to an airport to interpret for individuals denied admission into the United States. Others have been asked to provide their services during town hall meetings without pay. Several have received requests to work for free during asylum hearings or medical examinations at refugee camps or religious organizations-run facilities.
When asked to “interpret at no charge for these folks who have gone through so much”, many interpreters feel pressured to provide the service, even when this may represent a financial burden to them. Arguments such as “It will not take long, and it really is nothing to you since you speak the language… please help” are often used to corner professional interpreters into a place where it becomes very difficult to decline.
There are plenty of times when the only one asked to work for free is the interpreter. Many non-for-profit organizations have paid staff, and it is these social workers, physicians, attorneys and others who will assist the foreign language speaker. Everyone is making a living while helping these people in need, but the interpreter! Something is wrong with this picture.
Many of the people who work for these organizations do not see interpreters as professionals. They do not consider what we do as a professional service. They just see it as the acquired knowledge of a language that interpreters speak anyway, and they perceive it as something that should be shared for free. They believe that what doctors, lawyers and social workers do is a professional service and deserves pay. To them, we perform a non-professional, effortless task that should be volunteered. Even if the interpreters questions this idea, and asks to be paid, the answers go from: “We are non-for-profit and we have no money” to “The entire budget will go to pay for doctors and lawyers, and you know they are expensive. There is no money left for you”. And then they go for the kill by closing the statement with: “but you understand; these are your people. They need your help”.
This is insulting. First, they see us, treat us, and address us as second-class paraprofessional service providers. Then, they claim there is no money when we all know that non-for-profits do not pay taxes because of the service they provide, but they have sources of income. Finally, they think we are not smart enough to see how they are trying to use us by playing the guilt card.
I systematically decline these requests because I consider them insulting and demeaning to the profession. Interpreters are professionals just like the other parties involved, their job is as important and essential as the rest of the professions participating in the program, and we must get paid just like the rest of the professionals.
There are instances when attorneys and other professionals provide the service without payment. The difference is that in some countries, lawyers and other professionals must perform some hours free of charge; sometimes several hours worked pro bono can be credited as part of the continuing education hours to keep a professional license current. Even court and healthcare interpreters receive this benefit sometimes. People see it as working for free, but it is far from it. The first scenario is a legal obligation to keep a professional license valid. The second one is a creative way to lure professionals into providing professional services at no charge for needed continuing education credits and an enhancement of their reputation in their community that will see them as willing participants helping in the middle of a crisis.
According to the American Bar Association, eleven states have implemented rules that permit attorneys who take pro bono cases to earn credit toward mandatory continuing legal education requirements (The states are: Arizona, Colorado, Delaware, Louisiana, Minnesota, New York, North Dakota, Ohio, Tennessee, Washington State, and Wyoming).
I have no problem with interpreting for free if the interpreter must comply with a compulsory social service, or can benefit by receiving continuing education credit. When the legislation (or the lack of it) is so interpreters get nothing from their service while the others benefit, then interpreters are treated as sub-professionals and I believe they should say no to all those asking them to work under these disadvantageous conditions.
If these non-for-profit organizations want interpreting services for free, they should lobby their legislative authorities or administrative officials to provide continuing education credits to all interpreters who provide some hours of work for free.
Another possible solution would be to allow interpreters to treat these free professional services as a donation to the non-for-profit organizations, making them tax deductible. This would create an incentive and level the field with all other professionals already getting a paycheck, or continuing education credits. American legislation does not allow interpreters in the United States to deduct the value of their time or services (IRS Publication 526 for tax year 2016). An amendment to this legislation would go a long way, and would benefit both, non-for-profit organizations and professional interpreters.
Some of you may disagree with me on this subject. I am asking you to detach your professional business decisions, which we should make with our brain, from your emotional decisions that come from your heart. We all have causes we care about and we willfully, with no pressure, help in any way we can, including interpreting for free. This is something else, and you should do it when nobody else is making a profit or even an income to get by. It is called fairness. On the other hand, we should protect our profession, and the livelihood of our families by refusing all “volunteer” work where some of the others are getting paid or receiving a benefit we are not. Especially when they insult our intelligence by resorting to the “emotional appeal”.
I sometimes donate my services under the above circumstances, as long as I may advertise who I am and my services. This way I donate my work, but I am investing in my business by enhancing my client base and professional network. I now ask you to comment on this issue that seems very popular at this time. The only thing I ask from you is to please abstain from the comments and arguments for working for free that appeal to emotions instead of professional businesses.
April 17, 2017 § 10 Comments
I am tired of getting this call repeatedly: “Hi, I got your name from the ATA directory and I was wondering if you would be available for a medical evaluation (or a worker’s compensation hearing) this Friday…”
Maybe those providing the service would be happy with these calls, but I am not. Every time I must answer the phone to tell somebody I don’t do that work, and that I refuse to work for peanuts, is a waste of my time. I do conference interpreting and I don’t like to explain two or three times a week I do not work for fifty dollars an hour.
For years I have almost exclusively worked as a conference interpreter, doing some court or legal interpreting for established Law Firms I regularly work with, generally in civil cases or some federal criminal matters. Motivated by ATA’s outreach campaign regarding the credentialed interpreter designation and database, I thought that maybe, if I clarified it on the ATA directory that my credentials are United States Department of State Conference-level, and Federal court certification, all these people would stop calling asking me to do work that I do not provide.
I have been an ATA member for many years, and even though the association does many things I am very much against, I also get many benefits from my membership: a monthly publication with some very good articles, a discount on my errors and omissions insurance, good divisional activities, valuable webinars, and a well-known directory.
I logged in to the members section of the website to update my information and take advantage of the new credentialed interpreters’ database in their directory. This happened:
I must start by confessing that I rarely access ATA’s website, so I found it a little bit too crowded; maybe appealing to translators, but I believe it could be a little intimidating for clients looking for an interpreter or translator. After I accessed the “members” section, I looked for a section called “Interpreters’ credentials”, or something similar, but I found nothing. I clicked on the menu where it says “update your contact information” and “update your online directory profile”.
As I got to the profile section, all my information was already there (so I had entered it before). I did not need to change anything. Since I was already inside the program, I reviewed it anyway to see if I needed to make any changes. When I got to the “Interpreting Services” section, I saw that I had previously highlighted “consecutive”, “court”, “escort”, and “simultaneous”. Since I saw a “court” category, I scrolled down to see if I could also highlight “conference”, but the only category left for me to highlight was “sign language”. I thought it was odd. On one hand, if all you are listing are the interpreting you do, then “court” does not belong in here. If they added “court” to make the search easier for the clients, then I would like to see “conference” as an option. I suppose that healthcare interpreters would argue the same for their specialization.
Under the “Certifications” section, I entered my federal court interpreter and my two state-level court interpreter certifications from the drop down menu. I saw nothing for other credentials that are not certifications, but equally important, such as AIIC, U.S. Department of State, European Union, etc. The menu had another category: “other” where I entered my conference interpreting credentials, constantly wondering why I could not find the so much talked about “credentialed interpreter” menu for the new database ATA has been advertising so much. I thought the reason the place to enter that information was somewhere else, perhaps later on the form, was because these other credentials are not certifications and ATA had included them separately.
I kept looking, and my search only found a different category towards the end of the page called: “Additional Information”. That was it. No other place to enter conference interpreter credentials. Knowing I would not get what I wanted, I tested the directory, so I looked myself up. On a simple search I found my information, not as advertised with the credentialed interpreter information, but as I had entered it earlier. I immediately thought of the unwanted agency phone calls that would keep on coming as before.
I ran an advanced search just for English<>Spanish interpreters in Illinois, where I live, asking for State Department conference-level credentials, and the result was “we found none”. I found this interesting, so I dug deeper to see if there was a problem with the directory search engine. The first thing I tried was a search for interpreters with that same language combination and credentials in the largest state: California. I know several colleagues there with the credentials and are members of ATA. The result was: “we found none”.
At this time I decided that maybe it was a glitch on the search engine, but before concluding that, I wanted to see if I had missed the section where you enter these credentials. I went over the form two more times and I found nothing. At this point I am thinking that maybe I needed to submit my credentials for a verification before the information was displayed, so I went back to the form once again. I read it carefully looking for some instructions or description of such process. I found nothing.
I did the only thing left: I went to the search menu at the top of the page and I typed: “credentialed interpreter process”. The search took me to a page with all the results. At the top I saw one that looked like the information I was looking for, so I clicked on it.
I finally found the explanations and instructions, with a link to a form to start the process. The first thing the program asks you to do is to reenter your ATA membership information. Once you are in the form, you are greeted by a message in red that tells you to submit a separate form for each credential and that you must pay $35.00 USD. As an attorney I must confess that although the red-inked message clarifies that one fee covers all requests, it is ambiguous on a second matter: it reads: “A $35-administrative fee covers all requests for one year.” I did not understand if this means that for your information to continue to be available indefinitely you must pay $35.00 USD every year, or that any request filed after twelve months is no longer covered by the initial $35.00 USD fee and therefore you must pay again for the new credential. Finally, I also learned that the process could take up to something like forty days.
After reading this, I stopped for a minute and reflected on what I was about to do: I was ready to send $35.00 USD to ATA (with my documentation) to be a part of this new database, but so far I had had a miserable time looking for, and finding any colleagues with the desired credentials; so far I had found zero conference interpreters. I even had a difficult time finding the instructions to get my credentials reviewed. My friends, I am pretty active on social media, and even though I am not a computer genius, I am resourceful. Can you imagine how tough it would be for a regular individual looking for an interpreter to navigate through these? Even if I do this, send the documents, pay the fee, and wait the forty days, will my clients find me?
I concluded that I had to do more research first, so I did.
I went back to the directory and tested it:
I did this trying to think like a client and not like an interpreter or an ATA member. The first thing I noticed was that to look for an interpreter, the person doing the search must go through the translators’ section of the advanced search; they must scroll down passing through a section with very confusing questions for somebody who, let’s say, wants to hire an interpreter for a marketing conference at the Marriott downtown. Without being an interpreter, I would not know what to do when asked to indicate if I want an ATA certified or non-certified translator, or what translation tools I will need. As a client, even before reaching the interpreter questions, I would probably close the page and look for a conference interpreter in Google or somewhere else.
Since I had already tried Illinois and California with a result of zero interpreters, I looked first for any conference interpreters with an English<>Spanish combination, with a U.S. Department of State Conference-Level credential in New York State. The result was: none. Then I did the same thing for Washington, D.C. (where most conference interpreters live) Again there were zero. I got the same result in Florida and Texas. Next, I searched the same states for any interpreters with the same combination, but with the AIIC membership credential. The result was: nobody. I considered doing the same for every state in the Union, but (fortunately) I decided against it. Instead, I looked for any conference interpreters with any credential and living anywhere in the world. The result was: 2 interpreters. One U.S. Department of State Seminary-Level colleague in the United States, and one AIIC member in Argentina!
Based on these results, I looked for interpreters in all listed categories. I found this: Under certified court interpreters I found 10 colleagues. Under Healthcare certified I found 4 (2 were also listed as part of the 10 court certified). Under conference credentials I found 2 (one of them is also one of the 11 under court certified). I found 1 telephonic interpreter (also found under another category), and I found zero sign language interpreters. Looking for simultaneous interpreters I found 10, under escort interpreters I saw there are 9, and as consecutive interpreters they have 14. As expected, all interpreters under the modes of interpretation categories are the same ones listed by specialization. I also noticed that some interpreters I found in this group are ATA Board members.
The page also asks the person doing the search to state if they are looking for a “consecutive, court, escort, sign language, simultaneous, or telephonic” interpreter. My relevant question was stated before in this post, but it is worth repeating for another reason: If I am a client looking for a conference interpreter, how can I find one under this criteria? Ordinary people do not know that conference interpreters do simultaneous interpreting. Even worse, they also do consecutive interpreting in many events such as press conferences for example.
If people we deal with regularly have a hard time referring to consecutive or simultaneous interpreting by their correct name, why would everyday people looking for a conference interpreter know who they need based on this question? If ATA included “court”, and even “telephonic”, they should include conference. Once again, I am sure my healthcare interpreter colleagues want to be heard here as well.
After reviewing the directory my decision was simple. Why would I want to pay $35.00 USD, and perhaps wait up to forty days, to be part of a directory listing a microscopic portion of the interpreting community? Should I encourage my clients to look for a credentialed conference interpreter in a directory that does not even list us as an option, and flatly ignores conference interpreting in their most common questions section, where all explanations and examples are geared to court and telephonic interpreting? And why as interpreters should we reward the work of an association that continues to treat us as second-class professionals by including the interpreter search criteria after the translator search options, instead of having two separate search pages: one for interpreters and one for translators to make it easier for our clients, and to give some respect to the many interpreters who are ATA members? There is no excuse or justification for this.
I know there are plenty of capable people at the helm of the American Translators Association whom I know and respect as friends and colleagues. I also appreciate many of the good things they do for the profession, but at this time, for all these reasons, until we interpreters get from ATA what we deserve as a profession: Unless the search criteria and credentialed interpreter designation process is as prominently displayed on the website as is the translators’ certification; and only when the search criteria addresses the conference interpreter community on a client-oriented, user-friendly platform, I will stay away from the “advanced-options” directory. I hope this post is welcomed as constructive criticism, and as the voice of many interpreters all over the world. It is not meant as an attack on anybody; it is just an honest opinion and a professional suggestion from the interpreters’ perspective. I now invite you to share with the rest of us your thoughts about such an important issue for all interpreters and for the image of ATA.
January 5, 2017 § 7 Comments
2016 was a great year for many of us. Quite a few of you developed professionally and became better at what you do. I congratulate you for that important achievement; unfortunately, competitors are still out there, languages are still changing, technology continues to improve, and clients (agencies or direct corporations) are willing to pay for what they need but are looking for the best service at the best possible price. The question is: How do we adapt to reality, keep up with technology, and improve our service? The answer is complex and it includes many different issues that have to be addressed. Today, at the dawn of a new year, the time for planning activities, and programming agendas, we will concentrate on one of them: Professional development.
It is practically impossible to beat the competition, command a high professional fee, and have a satisfied client who does not want to have anything to do with any other interpreter but you, unless you can deliver quality interpreting and state-of-the-art technology. In other words, we need to be better interpreters. We need to study, we have to practice our craft, we should have a peer support network (those colleagues you call when in doubt about a term, a client or grammar) and we need to attend professional conferences.
I personally find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you find out what is happening out there in the very competitive world of interpreting. Fortunately there are many professional conferences all year long and all over the world. Fortunately (for many of us) attending a professional conference is tax deductible in our respective countries. Unfortunately there are so many attractive conferences and we have to pick and choose where to go. I understand that some of you may decide to attend one conference per year or maybe your policy is to go to conferences that are offered near your home base. I also know that many of you have professional agendas that may keep you from attending a particular event even if you wanted to be there. I applaud all organizations and individuals who put together a conference. I salute all presenters and support staff that makes a conference possible, and I wish I could attend them all.
Because this is impossible, I decided to share with all of you the 2017 conferences that I am determined to attend:
The International Association of Professional Translators and Interpreters (IAPTI) Annual Conference in Buenos Aires, Argentina (April 22-23). I go to this conference because it is IAPTI. Because it is about us, the interpreters and translators! This conference, and this organization for that matter, presents a unique point of view of our profession that I consider priceless. It is the only international conference of this size where there are no corporate sponsors. All you see is translators and interpreters like you. Some of the results of this innovative approach are that the conference attracts a very important group of colleagues that stay away from other events because they are bothered by the corporate presence. This is the conference to attend if you want to learn how to deal with agencies, corporate clients and governments, because the absence of all those other players fosters this dialogue. You can attend the presentations and workshops knowing that no presenter is there to sell you anything and that is fun to have at least once a year. Extra added bonus: Beautiful Buenos Aires! I am personally delighted that IAPTI decided to take its conference to Latin America where so many colleagues need these events.
The National Association of Judiciary Interpreters and Translators (NAJIT) Annual Conference in Washington, D.C. (May 19-21) I am determined to be in Washington, D.C. in May for the largest judiciary and legal interpreter and translator gathering anywhere in the world. This conference lets me have an accurate idea of the changes in this area that is so important for our profession in the United States. It is a unique event because everybody shares the same field and you get to see and network with colleagues that do not attend other non-court interpreting conferences. Extra added bonus: As the capital of the United States, Washington, D.C. offers interpreters and translators the opportunity to physically see where it all happens: the government institutions and agencies, monuments, museums, and the federal court system: History and the law!
International Federation of Translators (FIT) XXI World Congress in Brisbane, Australia (August 3-5) This is an excellent event to attend for several reasons: It is an international meeting of professionals who actually live all over the world. There are other big events where interpreters and translators from many countries get together, but most of them live in the United States or the United Kingdom; at the FIT World Congress most of the professionals attending the event will be coming from their respective countries, bringing along different perspectives, points of view, and first-hand information on the status of the profession somewhere different from the country where you live. Extra added bonus: Despite the long trip for most of us, the central theme of the congress is “Disruption and Diversification”. Enough said: This are issues that affect all of us and should be near and dear to the heart of all professional interpreters and translators.
XXI Translation and Interpreting Congress San Jerónimo (FIL/OMT) in Guadalajara, Mexico (November 25-26) Every year the Mexican Translators Association (OMT) puts together a magnificent program featuring well-known presenters from all over the world. Coming from an unprecedented success during their XX Congress, the 2017 edition will surely have workshops and presentations in varied, useful, and trending topics. This is the activity to attend this year for those colleagues who work with the Spanish language. Extra added bonus: The Congress is held in the same venue (Expo Guadalajara) and at the same time as the International Book Fair, one of the largest in the Spanish language world. Besides the professional sessions, attendees can also stroll up and down the immense fairgrounds a purchase some books, listen to some or the most renowned authors in the world, or just window shop in between sessions.
I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above. Remember, the world of interpreting is more competitive every day and you will need an edge to beat the competition. That advantage might be what you learned at one of these conferences, or whom you met while at the convention. Please kindly share your thoughts and let us know what local, national or international conference or conferences you plan to attend in 2017.