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Employers are prohibited from discriminating against employees because of their race, ethnicity, ancestry, or national origin. Enforcing a policy restricting the use of any languages besides English while on the job may also be interpreted as discrimination against a specific ethnic group. With the United States workforce becoming increasingly diverse, English-only rules have the potential to create significant conflict among employees and employers, resulting in civil litigation. As an employee, you should know your rights when it comes to language requirements at work.

How to Know If Your Employee Rights Are Violated & What to Do About It

EEOC Guidelines Regarding English-Only Rules 

When establishing English-only rules, employers must take into consideration the Equal Employment Opportunity Commission’s “Guidelines on Discrimination Because of National Origin.” According to these guidelines, a language policy is only acceptable if an employer can show it is a business necessity. A policy typically cannot require employees to speak English at all times in the workplace, even during breaks and in casual conversations. Additionally, if an employer is going to enforce a policy, they must notify employees when they will be required to speak English and what the repercussions are for violating the rule. 

Situations in Which an English-Only Policy May Apply 

civil litigationThere are a few specific non-discriminatory reasons an employer may be justified in implementing an English-only policy. These include if it is to maintain a safe work environment, to communicate with customers or co-workers who only speak English, to promote efficiency with cooperative work assignments, and to assist supervisors who need help monitoring the job performance of all employees. 

Remedies Available for Discriminatory Practices 

Victims of an unlawful English-only policy may file a complaint and pursue civil litigation. Depending on the number of employees a workplace has and the circumstances surrounding the case, victims may qualify to recover back pay, a job promotion, job reinstatement, and legal fees. Employers will often be ordered to cease discriminatory practices, pay penalties, undergo monitoring, and receive anti-discrimination training.

 

If you believe your employee rights have been violated with an English-only policy, don’t hesitate to obtain legal advice about your civil litigation options. Offering the residents of Hilo, HI, more than three decades of experience, the Law Offices of Brian J De Lima have helped numerous clients successfully pursue justice after experiencing unfair treatment in the workplace. They will use their skills and expertise in civil litigation to hold your employer accountable for failing to comply with discrimination laws. Contact the law firm at (808) 969-7707, or visit the website to learn more about the firm’s practice areas.

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