Q: Can an employer require you to speak English at all times even during private conversations among coworkers?
My job recently implemented an English-only rule. I work at a fast food place and while English is the language most spoken by our employees, we do have quite a few employees who speak only speak Spanish. Is it legal to require them to speak English at all times while on the clock? Management says that we must speak English even in private conversations. I believe it is perfectly reasonable to be required to speak English while taking orders and interacting with customers, but these employees were hired with management knowing they struggle with English. Is this legal?
A:
An English only policy is forbidden under California law. Employers with at least five employees cannot limit or prohibit the use of any language in the workplace, except in rare circumstances when they can demonstrate a legitimate business necessity do so.
Good luck to you.
Brad S Kane agrees with this answer
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A:
English-only rules are never lawful under the FEHA during an employee's non-work time, such as meal and rest breaks. [2 CCR § 11028(a)(4)]
An “English only” rule is proper where necessary to safe and efficient operation of the business and no alternative practice will accomplish the business purpose equally well with less discriminatory impact. [Gov.C. § 12951(b)]
This may apply, for example:
— in work involving a high risk of injury or accidents (e.g., during surgery, or at a laboratory, or oil drilling, mining or construction site); or
— where necessary to enable English-speaking supervisors to monitor employee communications to ensure efficient work and appropriate behavior; or
— where necessary for communication with customers, coworkers and supervisors who speak only English.
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A: An English-only policy is illegal unless it is enacted for the safety of employees and customers. If such a policy applies to conversations outside of customer interactions as you describe, you may have a case for discrimination on the basis of national-origin. Schedule an appointment with an experienced discrimination attorney who offers free consultations to discuss your legal options.
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