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Join us this week as we answer the following listener question about whether or not you can require employees to only speak English.
Listener’s Question: “Dear Managing Mayhem, I manage several retail clerks and a few of them talk to one another in Spanish when no customers are around. It seems like they are just chitchatting, but I want to know if I can stop them from speaking Spanish. It feels like they are excluding others from their conversations. I am worried that others will feel excluded and think they are being talked about. Can I require everyone to speak English while at work?”
Can an employer have an English-Only rule?
Answer: No, unless you meet a rare exception and do not have a blanket rule. The Equal Employment Opportunity Commission (EEOC) states that requiring employees to speak English at all times at work will rarely be justified, as it is an unduly burdensome condition of employment. English-only rules are subject to heightened scrutiny due to concerns that they may result in discrimination related to one's national origin.
What if employees need to communicate with customers in English?
Answer: There are some narrow exceptions which allow for companies to have English-Only rules. The EEOC looks at whether the company can justify having the rule due to a legitimate non-discriminatory business necessity such as safety or serving English speaking customers. Each situation is different so it is important to consult with legal counsel before implementing any rules.