Some employers try to enforce “English-only” rules that prevent their employees from speaking any other languages besides English while at work. Sometimes this requirement is legal, but other times it violates federal or state law. State laws regarding English-only rules vary, so check with an employment attorney in your area for more information. This article will focus only on federal law.
Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against an employee because of their national origin. (42 U.S.C. § 2000e and following.) According to the law, an employee’s language is part of their national origin, so it is illegal to discriminate against an employee because of their language. Employers sometimes violate this law when they require their employees to speak only English at work—but doing so is not always illegal.
Employers can require their employees to be fluent in English, if English fluency is needed for effective job performance. For example, an employer can demand English fluency for a sales position when potential clients speak mostly English. In certain high-risk jobs, such as security officer, firefighter, and police officer, employers can also make English fluency a requirement for safety reasons.
Because English fluency needs vary from one position to another, employers should consider each job position individually rather than imposing a "one-size-fits-all" rule in the workplace. If an employer demands a greater degree of fluency than is actually necessary to perform the job, the employer could be accused of discrimination.
In some cases, employers can require employees to speak only English in the workplace, even if employees need not be fluent. If work assignments require workers to communicate as a team, and there is no common language between the workers, then an employer may institute a single language policy.
Keep in mind that English might not always be the best single language to choose. In some circumstances, forcing non-English speaking employees to speak only English would actually hurt job performance. For example, an English-only policy would not be legal or advisable if all employees spoke a different common language, such as Spanish, that would more effectively allow them to communicate as a team. An employer must base any single-language policy on job performance—not on a personal preference for hearing only English.
Even if an English-only policy is allowable, it should be limited to work-related topics and work hours. For example, if employees are allowed to speak to each other in the workplace about topics other than work, employers cannot require that those discussions be in English. Nor can employers mandate that workers speak English during lunchtime or breaks.
An English-only policy cannot be based on an employer’s personal bias. It is illegal for an employer to implement an English-only policy in order to cause non-English speakers to quit, or to not apply for a position. It is also illegal for an employer to create an English-only policy because the employer does not like to hear foreign languages. Such reasons are discriminatory under federal law.
Employers sometime implement English-only policies because the employer does not want employees to use their native language to make derogatory remarks about the employer or coworkers. Courts say such a policy is not legal. Instead of banning the use of foreign languages, employers should create policies forbidding insults or harassment, regardless of the language used.
It is also illegal for employers to create English-only policies so that the employer can understand everything spoken by employees, unless job performance requires the employer to understand each word. Few jobs require such understanding by the employer, so these policies are typically illegal. If an employer has a fear or concern over what employees are saying, the employer must create other policies to address the situation.
An employer's decision to implement an English-only policy in the workplace should be based on business reasons, not on distrust or dislike of foreigners or foreign languages.
If you believe your employer's language policies are unjustified, first try raising your concerns with your employer or supervisor. If that doesn’t work, it might be time file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), the federal agency that investigates employment discrimination. Contact an employment attorney to discuss the best way forward.
