English Only in the Workplace
March 5, 2008
Guy Farmer - Jacksonville
Many employers have increasingly diverse work forces. One issue that arises is whether an employer may impose an “English only” rule.
The EEOC’s 1980 “Guidelines on Discrimination Because of National Origin” addresses when an employer’s English-only policy is presumed to violate Title VII, 29 CFR §1606.7. The EEOC’s guidelines govern two types of English-only policies: policies applied at all times and policies applied only at certain times.
Because the EEOC considers a person’s primary language to often be an essential national origin characteristic, it believes that prohibiting employees from using their native language in the workplace at all times may create a discriminatory work environment. But, English-only policies that are applied only at certain times when there is a business necessity are normally acceptable.
The courts are split on English-only policies; some follow the EEOC guidelines while others do not. It is, however, clear that any employer that wants to adopt an English-only policy must first identify the business necessity for the policy and then adopt a policy that meets that need.
Although every employer’s situation is different, the following is an example of a part-time English-only rule that would appear to be acceptable to most federal courts as based on business necessity:
1. XYZ Corporation does not have a general English-only policy and employees may usually speak whatever language they chose.
2. However, XYZ Corporation expects employees to speak English in all of the following situations:
- when communicating or working with fellow employees, supervisors and managers who speak only English
- when necessary to promote safety
- when necessary to promote efficiency
- when directed or asked to do so by a supervisor, fellow employee or customer
As with other workplace rules, an English-only policy should be communicated to all employees in writing prior to its enforcement. You should check with counsel regarding the applicable local and state laws and regulations prior to implementing an English-only rule.
For more information, email Guy O. Farmer II at guy.farmer@hklaw.com or call toll free, 1.888.688.8500.