Employers usually implement various rules to improve productivity and, in turn, grow their business. However, some rules might be questionable. An example is employing language restrictions.
Can an employer legally determine the language employees can use while on duty? Here is what to know:
The English-only rule
It’s unlawful for an employer to require employees to speak only English if the rule is adopted for discriminatory reasons. For example, the employer solely wants to avoid the use of foreign languages in the workplace. Some employers have also been reported to use this rule to find a reason to discipline or terminate employees who are not native English speakers or create a hostile work environment for them.
An English-only rule can only be allowed if language restriction is justified by business necessity, which means speaking English ensures a safe or efficient operation of the business. For example, if employees work in a hazardous environment where communicating in English is vital in ensuring everyone stays informed about safety concerns, or if employees directly interact with customers who only speak English.
Even when justified by business necessity, the rule needs to be narrowly tailored. The law should only apply to specific times, places or circumstances. Additionally, the employer should have notified employees of the circumstances and time when the language restriction should be observed and the consequences of violating the rule.
English fluency
An employer cannot discriminate against an employee because of their accent or fluency in English. The English fluency or proficiency requirement can only be legally implemented if it’s necessary for the effective performance of an employee’s job. This means the lack of fluency in English interferes with job performance.
Discrimination based on national origin can negatively impact your career. If you have experienced this form of discrimination, get more information to fight for your rights.