Can Employers Require Employees to Speak English in the Workplace?

California has protections in place against discrimination based on race, ethnicity, ancestry, or national origin. While language is not named as a protected class, a policy prohibiting the use of a specific language could be interpreted as discriminatory against people of a specific race or national origin. Here’s why:

Under Federal Law - Title VII of the Civil Rights Act of 1964 states that English-only rules are permitted only when it is a business necessity. This means the language is a requirement to ensure a safe and efficient operation of your business. Some possible scenarios include:

• When it is necessary for safety. For instance, in some construction sites, emergency rooms, laboratories, or other jobs with a serious risk of injury
• Where English is necessary to communicate with customers, coworkers, or supervisors.

Under State Law – California’s Fair Employment and Housing Act (FEHA), states that in order for an employer to enforce a policy that limits or prohibits the use of any language in the workplace or establish an “English Only” policy, they must first satisfy a three-part test:

1. The language restriction must be justified by business necessity
2. The language restriction must be narrowly tailored and
3. The employer must effectively notify its employees of the circumstances and time when the language restriction is required to be observed, and of the consequences for violating the language restriction

Employers are never allowed to restrict employees’ use of another language while they are on a meal or rest break or otherwise “off-the-clock”. If you believe it is necessary to implement an English-only policy in your workplace, we recommend you consult legal counsel to avoid issues in the future.

Finally, keep in mind that California law requires employers to post certain labor law posters in Spanish if at least 10% of their workforce is Spanish-speaking. Additionally, certain notices must be in the language normally used to communicate with employees. Most of these posters are available through state and federal agencies, but employers can also order “All-In-One” posters in different languages so they do not have to chase them down themselves. CEA’s posters are available in English and in Spanish.

It’s a best practice to translate policies to avoid claims that your employees did not understand them. For example, FEHA requires that workplaces that contain 10% or more persons who speak a language other than English must translate their harassment policy into the language spoken by this portion of the workforce.

Responding to Complaints

One concern we hear about from employers is that their employees complain that others are gossiping about them or teasing them in another language. Rather than default to enforcing an English-only policy employers can address this complaint the same way they would any other issue: investigate, reach an evidence-based conclusion, and implement effective remedial measures when there is proof of misconduct.

For more details on English-only policies, CEA members can download CEA’s English Only in the Workplace Fact Sheet.

CEA’s HR Advisors are here to answer questions.  Contact us by phone, email or LiveChat.