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As most of our readers know, English-only rules can potentially cause a business to run afoul of anti-discrimination laws. With this in mind, many employers wonder how they can keep their workforce in tune with English speaking customers without being perceived as insensitive to an employeeÂ’s culture or native language, particularly when spoken in the presence of customers who do not understand it. This dichotomy is particularly evident in the Hospitality industry, which in recent years, has depended heavily on non-English speaking workers for its housekeeping and other entry-level positions.

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Court Allows Challenge To City’s "English-Only" Policy (Hospitality Industry) (pdf).
When the City of Altus, Oklahoma received a complaint that non-Spanish-speaking employees could not understand what was being said on the city radio because employees were speaking Spanish, the city promulgated a policy to address the situation. The policy, which generally provided that all work related and business communications be conducted in English, drew a lawsuit from eleven Hispanic employees who were fluent in both English and Spanish. The employees contended that the city’s “English-only” policy violated federal employment discrimination laws and their First Amendment Rights.


Developing Law on English-Only Policies (pdf).
EEOC regulations prohibit blanket restrictions on the use of languages in the workplace, and the agency has targeted employers who impose broad English-only policies. However, a narrowly drawn policy that requires English to be spoken at certain times and/or in certain areas is permissible if the employer can establish a business necessity for the policy.


English-Only Policies Require Business Necessity and Proper Procedures.
Massachusetts employers should be aware of the guidelines for and possible consequences of implementing and enforcing English-only policies. A recent Massachusetts federal court decision examined an English-only policy and has provided a good roadmap for employers.


Free Speech and English-Only Policies in the Workplace.
Last week’s free speech ruling from the U.S. Supreme Court in the “Bong Hits 4 Jesus” case reminds us that employers, like educational institutions, have the right to regulate speech in the workplace. Private sector employers are unrestricted by the First Amendment, which applies only to government action. But there are legal restrictions applicable to private employers as well. One such restriction that is often misunderstood by employers is single-language policies. Usually they’re English-only policies, but the same rules could apply to any employer’s policy limiting the language employees may speak on the job.

Plaintiffs Entitled to Trial on Discrimination Claims Based on Employer's English-Only Policy.
The Tenth U.S. Circuit Court of Appeals has held that several Hispanic plaintiffs should be permitted to go to trial on their claims that their employer's English-only policy violates federal antidiscrimination laws. See Maldonado v. City of Altus. In this case, the employer adopted a policy requiring employees to speak English in all work-related communications, except when necessary to communicate with a citizen in his or her native language because of the citizen's limited English skills. The policy exempted private conversations between co-workers that occur while on break or during lunch hours or before or after work hours, as long as city property is not used in the communication. The policy also exempted private communications between an employee and a family member so long as the c...
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