What’s That You Say?
A patron at a bar smashes a beer mug across the face of someone seated nearby. A scene at the saloon in an old cowboy movie? No – just a casual dinner at Applebee’s in Coon Rapids, MN, a few weeks ago where the victim is said to have angered the offender by conversing with her family in Swahili, the victim’s native language.
Obviously, this is not an example of good problem-solving skills, especially in an environment where the offender could have chosen simply to get up and leave rather than commit a possibly felonious assault. But what if this had taken place in a workplace setting where an employee is not free to leave? Does the potential for this sort of conflict permit an employer to take precautions by requiring employees only to speak English at work?
English Only Rules
Probably not. Employer policies requiring that English be spoken at all times in the work place (commonly referred to unsurprisingly as “English Only” policies) tend to be viewed as national origin discrimination under Title VII by the courts and the Equal Employment Opportunity Commission (“EEOC”) if they are inflexibly enforced without regard to the particular circumstances. As a result, an employer cannot discipline two employees who, for example, choose to speak Spanish to each other at work, even if it makes a co-worker feel uncomfortable, excluded or even interested in smashing a mug across their faces.
On the other hand, employers may require employees to speak only English in the work place at certain times if the directive is justified by business necessity. The EEOC has explained in its Compliance Manual that an English Only policy is justified by business necessity “if it is needed for an employer to operate safely or efficiently.” The following examples may justify an English Only policy:
- For necessary job-related communications with customers, coworkers, or supervisors who only speak English;
- In emergencies or other situations in which workers must speak a common language to promote safety;
- For cooperative work assignments in which the English-only rule is needed to promote efficiency; and
- To enable a supervisor who only speaks English to monitor the performance of an employee whose job duties require communication with coworkers or customers.
Bottom Line:
In an increasingly diverse workforce, employees will frequently wish to converse with each other in their native language. As long as doing so does not impede production or interfere with necessary communication on the job, they should be allowed to do so.