Language Discrimination

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.