Last weekÂ’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
theyÂ’re English-only policies, but the same rules
could apply to any employerÂ’s policy limiting the
language employees may speak on the job.
Blog About: Free Speech and English-Only Policies in the Workplace.
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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.
In a unanimous decision, the U.S. Supreme Court has held that the
City of Ontario did not violate its employees' Fourth Amendment
right to be free from unreasonable searches by reviewing the
employees' text messages sent on pagers provided by the City. See
City of Ontario v. Jeff Quon (June 17, 2010). The Court did not
rule on whether the employees had a privacy interest in the text
messages, but instead assumed that they did and ruled on the issue
of whether the City's search violated the Fourth Amendment.
Although the decision involves a government employer, which is
subject to the Fourth Amendment's restrictions, private employers
may also find the decision instructive because the Court noted ...
Encouraging Multilingualism (pdf).
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 employees 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.
U.S. Department of Labor Observes Fourth Annual Drug-Free Work Week October 19-25, 2009.
The U.S. Department of Labor is observing the week of October 19-25, 2009, as its fourth annual Drug-Free Work Week and encourages employers and employees across the country to participate. The purpose of Drug-Free Work Week is to educate employers, employees and the general public about the importance of being drug-free as a component of improving workplace safety and health and to encourage employees with alcohol and drug problems to seek
help. All employers should remind employees about company policies addressing drug and alcohol use at least once a year, and Drug-free Work Week is a good time to do so.
The Department of Labor encourages employers to do some or all of the following things during Drug-Free Work Week:
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