QUESTION
Can an employer force its employees to speak English only?
Asked on Jan 29th, 2014 on Labor and Employment - Georgia
More details to this question:
I work for a staffing firm and I am the coordinator. When our existing employees come in for paycheck and they start small talk they usually speak Spanish because I am bilingual. They are not technically working in the office but we are their employer. My boss insists they only speak English. Is this legal?
5 ANSWERS
General Practice Attorney serving Bingham Farms, MI
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The Niskar Law Firm PLLC
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Title VII of the Civil Rights Act, which is the federal law governing discrimination in the workplace, prohibits discrimination on the basis of, among other things, national origin and race. Under the EEOC regulations relating to Title VII, an employer cannot impose an absolute prohibition against speaking a foreign language in the workplace. The employer can have a rule requiring the speaking of only English at certain times where the employer can show that the rule is justified by business necessity. Here is a link to that EEOC regulation: http://www.law.cornell.edu/cfr/text/29/1606.7 The state in which you work may also have a state law which affords the same, or greater protection.
Answered on Jan 31st, 2014 at 3:56 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes. It is a condition of employment.
Answered on Jan 31st, 2014 at 3:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, I see no issue to have that as a condition of employment.
Answered on Jan 31st, 2014 at 3:55 PM
Labor and Employment Litigation Attorney serving Beverly Hills, CA
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Thomas & Associates
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Probably not, especially if they are not being paid for that time.
Answered on Jan 31st, 2014 at 3:55 PM
This would be completely legal under GA law. I do not know if this violated any EEOC law or not.
Answered on Jan 31st, 2014 at 3:51 PM