Guidelines on English Only Rules in the Workplace

  • English Only Rules are presumed to be discriminatory. Therefore, it is the employer's responsibility to provide evidence demonstrating that using English as a common language is essential for safe and efficient operation. Any implementation of an English-only rule may require establishing a factual basis that supports this necessity. If you make an English-only rule, you may be asked to establish a factual basis that speaks to...
    • the evidence of safety justifications
    • evidence of other business necessity such as supervision or effective communication with clients
    • likely effectiveness of the rule in carrying out the objectives
    • English proficiency of workers affected by this rule
  • Please distinguish between an "English Only" policy and a "No Spanish" rule. Prohibiting specific foreign languages while allowing others in a workplace setting is unlawful. If there is a legitimate necessity for using English exclusively in the workplace, ensure that your policy explicitly states and enforces this requirement. Avoid singling out any particular language for prohibition; instead, emphasize the requirement to use English exclusively.
  • A valid English Only rule should be specifically tailored to address provable business necessities, such as safety requirements while serving clients or operating heavy equipment. It should focus on job-related duties rather than location or time constraints.
    • State when it does apply. Limit its application to performing the job function of concern.
    • State when it does not apply. It should apply to casual, social, or personal conversations. Not required during breaks or lun
  • The policy should clearly outline the consequences for non-compliance and ensure that employees receive adequate notice to fully understand the rule, its effective date, and the repercussions of not adhering to it.

 

Summary Points to keep in mind: 

  • Use clear and simple language likely to be understood by your employees.
  • Announce rule in a manner that promotes understanding of the rule like a staff meeting where employees can raise questions about it.
  • State when the rule will take effect.
  • State what will happen if the rule is not followed.