Be Careful When Setting Up an ‘English-Only’ Policy

When your staff is culturally diverse, it may be tempting to require all employees to speak only English during work hours. After all, it might seem easier to promote unity and teamwork when everyone speaks the same language.

But is it legal? This is a confusing area of law, but one that is becoming important because the number of complaints being filed against companies is on the rise.

Background: There is no federal law that specifically prohibits employers from adopting an English-only policy. But the Equal Employment Opportunity Commission (EEOC) has a history of suing firms with such policies by invoking Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on national origin.

The EEOC requires compelling business reasons for such rules and arbitrary policies can lead to discrimination charges - especially if you try to enforce the rules during breaks or other off-duty time.

One case: The EEOC filed a lawsuit against an Arizona diner on behalf of Native American employees who were subjected to an English only policy. According to the 2002 suit, the diner’s management didn’t allow employees to speak Navajo in the workplace and terminated them for refusing to sign an agreement to abide by the restrictive language policy. (EEOC v RD’s Drive In, CIV 02 1911 PHX LOA)

The EEOC stated the policy was imposed during employee break times and this notice was posted at the restaurant:

“The owner of this business can speak and understand only English. While the owner is paying you as an employee, you are required to use English at all times. The only exception is when the customer can not understand English. If you feel unable to comply with this requirement, you may find another job.”

Charges of unlawful English-only policies filed with the EEOC and state agencies have increased in recent years. In another case, a private Texas university settled a class action suit for $2.44 million that was filed on behalf of 18 Hispanic housekeepers. According to the 2001 suit, the employees had to speak only English in the workplace at all times, including lunch and breaks, and were harassed if they violated the rule.

But some employers have been successful fighting this issue in court. In one renowned case, a California company adopted an English-only rule after receiving complaints that bilingual employees were making racist remarks in Spanish about two co-workers who were African American and Chinese American. To help promote racial harmony, the following notice was posted:

“It is hereafter the policy of this Company that only English will be spoken in connection with work. During lunch, breaks, and employees’ own time, they are obviously free to speak Spanish if they wish. However, we urge all of you not to use your fluency in Spanish in a fashion which may lead other workers to suffer humiliation.”

Spanish-speaking employees sued. But the court of appeals rejected the argument that the policy was discriminatory, stating there is “nothing in Title VII which requires an employer to allow employees to express their cultural identity.” In order to show discrimination, the employees had to prove the rule had a significant, adverse impact on them. (Garcia v. Spun Steak Co., 998 F 2d 1480 (1993))

If your company is interested in having only English spoken on its premises, proceed with caution. Before instituting any language rules, consult your human resources adviser. There are some rare instances when a company might be able to institute an English-only policy. For example:

• Customers are exclusively English-speaking.
• Foreign languages create a hostile environment among employees.
• Foreign languages make it impossible to ensure that safety rules are understood and applied.

Generally, reasons such as “increased efficiency, more harmony,” or “better company image” don’t cut any ice with federal regulators. To determine whether your English-only requirement is justified, ask four questions:

1. Is English-language proficiency an essential function of the job?
2. Do customers require English-only contact?
3. Will the rule place an undue burden on employees whose first language is not English?
4. What does your company accomplish with the rule that you cannot accomplish without it?

There is a great deal of debate over the use of language in the U.S. But one thing is clear: If you want to avoid trouble and expensive litigation, seek professional advice before instituting an English-only policy.

In the Words of the EEOC
“If an employer believes the English-only rule is critical for business purposes, employees have to be told when they must speak English and the consequences for violating the rule. Any negative employment decision based on breaking the English-only rule will be considered evidence of discrimination if the employer did not tell employees of the rule.”