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English-Only Policies Scrutinized

Se habla espanol? Some workplaces ban the speaking of languages other than English, even when workers are off duty. What the employers may not realize is that these codes could be in violation of Title VII of the Civil Rights Act of 1964.
Complaints about English-only rules to the Equal Employment Opportunity Commission (EEOC) have quintupled since 1996. Hispanic-Americans and Asian-Americans are the groups most commonly discriminated against. This is particularly true in states with large immigrant populations, such as Texas, California, New York, Arizona, and Florida. The EEOC prosecutes roughly 20 cases a year, and has had great success in both court and in out-of-court settlements.

English-only policies can run afoul of the law very easily. Blanket policies that direct workers to speak only English anywhere and anytime at work - even while at lunch or in the bathroom - are especially suspect, as there are no business-related justifications for such policies. The EEOC has also brought suit against an Illinois company for implementing an English-only policy for assembly-line workers. The EEOC found in this case that, prior to the new rule, there were no communications problems among workers or on the assembly line. Thus, the EEOC argued, this policy was simply discriminatory, and the company had no business justification for creating it.

Before implementing such a policy, employers should consult with their lawyers. Additional information is available online at www.eeoc.gov.

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