English Speaking Policies at Work
In fiscal year 2015, the Equal Employment Opportunity Commission (EEOC) reported that 11 percent of the private sector charges filed with the EEOC included allegations of national origin discrimination. Consequently, in 2016, the EEOC proposed a comprehensive enforcement guidance addressing national origin discrimination.
According to the EEOC “Guidelines on Discrimination Because of National Origin,” 29 C.F.R. § 1606.7, English-only policies can be considered a form of national origin discrimination. At the state level, the Illinois Human Rights Act, 775 ILCS 5/2-102(A-5) prohibits employers from imposing “a restriction that has the effect of prohibiting a language from being spoken by an employee in communications that are unrelated to the employee’s duties.” Importantly, these policies are permissible in certain situations where there is a business necessity and a legally justifiable reason for such policies. Reasons that justify English-only policies include 1.) the need for English to be spoken in emergency situations, 2.) the need for communication with customers, 3.) the need for cooperative work assignments where the policy promotes efficiency, and 4.) to enable a supervisor to manage his or her employees.
When evaluating the appropriateness of a language-restriction policy, federal courts assess whether an employer intended to discriminate on the basis of race or national origin and whether there is a legally justifiable necessity. If no legitimate business justification exists for an English-only policy, then the court is likely to find that the policy violates Title VII’s prohibition against discrimination. In order to avoid any risk of liability for discrimination, employers with an English-only policy should analyze the business justification behind the policy and ensure that the policy is limited in scope so that it meets necessary business objectives.
Tristan & Cervantes has advised businesses on their employment handbooks and policies. Please contact us if you have any questions about creating or updating your employment materials.
