English only in the workplace

SBernstein

I am wondering if anyone knows of any case law that addresses employees speaking Spanish only in the workplace and employers' requests that this stop. Does anyone know the law on this?

Terry

I went to the search section of this web page and entered "english only". Here is the link for the results. [url]http://www.hrhero.com/cgi-bin/AT-HRHerosearch.cgi?search="english+only"&sp=sp[/url]. Generally speaking, English only rules are usually considered discriminatory.

Down_the_Middle

Try doing a "search" on this site and I think you'll find some helpful feedback on the topic.

Gillian

There is more than legalities here. Spanish speaking employees speak Spanish because that is what they are comfortable with - it would be similar if some us were dropped into the middle of a foreign country - we would want to speak English. The Spanish conversations are no different than English ones - they are about work, kids, sports etc. so there is a little paranoia on the part of those who don't speak Spanish. Those of us in California generally see this as a way of life and no big deal but it does create some consternation when it is new as it is in many parts of the country. Learn to speak Spanish like I did and then you can join in, not to mention the better job that a bilingual HR person can do - and one doesn't have to be completely fluent.

Carol CA

As you've probably discovered by now if you've done some searching, requiring "English Only" in the workplace is illegal unless you can prove some bonafide reason for requiring the English such as safety. We have a heavy Filipino population where they speak Tagalog. Although it does sometimes cause discomfort with other employees who feel left out, it is one of those things you have to manage around.

Theresa Gegen TX

Before your company implements any type of "English Only" policy, it must get legal advice. These types of policies are only allowed in very limited circumstances (usually involving the need to use English for safety reasons). The EEOC loves to sue employers over these types of policies because the EEOC can generate publicity and get a big win.

Good Luck!!

Gar

Theresa's right. This goes back about 20 years ago. We had a Dominican engineer who applied for an engineering manager job. He was qualified, having been a supervisor at another firm for 7 years before working for us. The senior manager with the opening did not select him for the job because he "spoke broken English." Rightfully so, the EEOC jumped on us like a duck on a junebug and we settled out of court. Word to the wise, be careful; be very, very careful.

HRMaiden

We employ approximately 35 hispanics and while we do not require that they speak English at work, we have offered English as Second Language classes to them as well as Workplace Spanish classes for our Human Resources personnel and supervisors. Check with your local Literacy Council or technical colleges to see what services they can provide and if there are any grants available to assist in the cost of providing this service. It has worked well for us and does help to break down some of those communication barriers.

santire

Just to clarify something. Yes, the EEOC never sees an English language policy, much less an English only policy, that it does not find discriminatory. However, remember that their whole strategy on this matter is not based on any federal law that even mentions language discrimination - there is none. Their presumption is that such a policy discriminates against national origin. Yet two matters must be kept in mind. First, despite the news stories about their victories in attacking such policies, the EEOC loses on these cases more often then they win in actual litigation. Secondly, the justification for an English only policy as long as it does not extend to a nonwork functional situation such as employee's lunch or break time can be supported for a wider set of reasons than just strict safety. The standard varies from necessity (California which has a specific law that presents a particularly dificult hurdle for English only) to reasonableness (most other states as well as Federal courts using Federal law.) For some areas such as police duty and healthcare settings the allowence for English only is particularly liberal. Too many managers and HR people are driven by over cautiousness - and sometimes downright wrong - advice on English only policies. Remember, and this cannot be overemphasized, the vast majority of situations in which the EEOC has been successful in fighting English only involves situation where the policy is absolute (lunch time and breaks).