Is it permissible to require employees to speak only English in the workplace?

October 17, 2007

The EEOC has held that English-only rules are presumed to violate Title VII when they require that English be spoken at all times in the workplace. Employers who require that their employees be able to speak English must show that fluency in English is a bona fide occupational qualification or a business necessity for the position in question. However, an employer's rule, which requires employees to speak English at all times, including during their work break and lunch time, is an example of an employment practice that discriminates against persons whose primary language is not English.

The following are some situations in which a business necessity could justify an English-only rule:

• For 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.
• To enable a supervisor who only speaks English to monitor the performance of an employee whose job duties require communication with coworkers.

Employers should ensure that affected employees are notified about an English-only rule and the consequences for a violation of the rule. The employer may provide notice by any reasonable means under the circumstances, such as a meeting, email or posting.

Note: In some cases, it may be necessary for an employer to provide notice in both English and the other native languages spoken by the employees.

This information is adapted from Ceridian's HR Compliance Reference System. Contact your Ceridian representative for more information about Ceridian's compliance solutions.