According to the
Equal Employment Opportunity
Commission (EEOC), any requirement that employees
speak English all the time is discriminatory. However,
the employer may require the employee to speak English
when there is a business necessity. If an employer
believes the English-only rule is critical for business
purposes, employees have to be told when they must
speak English and the consequences for violating the
rule. Any negative employment decision based on breaking
the English-only rule is considered evidence of discrimination
if the employer did not tell employees in advance
about the rule.
Accent - Employers
must show a legitimate nondiscriminatory reason for
the denial of employment opportunity because of the
applicant's or employee's accent or manner of speaking.
Employers should consider whether an applicant's accent
or manner of speaking would have a detrimental effect
on job performance. Requiring employees or applicants
to be fluent in English may violate Title VII,
if the rule is adopted to exclude individuals of a
particular national origin and is not related
to job performance.
The Department of Justice's Office of Special
Counsel for Immigration-Related Unfair Employment
Practices (OSC) is responsible for investigating
charges of discrimination related to an individual's
language or national origin in workplaces with four
to 14 employees. The Equal Employment Opportunity
Commission (EEOC) is responsible for investigating
charges of job discrimination related to an
individual's language or national origin in workplaces
with 15 or more employees.
