Justify 'English-only' rule on safety, service and efficiency--not simply preference.

The rapid diversification of the U.S. workforce, combined with increased animosity in certain regions to foreign-born residents, has led some business leaders to demand that only English be spoken by employees at all times throughout the workday.

Establishing language restrictions in the workplace isn't automatically illegal. However, depending on how restrictive your rule is (and your reason for establishing it), an English-only policy could create liability under federal and state national-origin discrimination laws.

Make sure any restriction you establish is based solely on business necessity, not simply personal preference. Business necessity typically revolves around safety, efficiency and customer service issues.

Recent case: A San Antonio resort created a strict English-only policy, prohibiting workers from speaking Spanish anywhere on the resort and even during breaks.

Managers also allegedly harassed and berated Spanish-speaking employees, referring to Spanish as a "foul language." Managers also began a systematic plan to fire all Spanish-speaking managers. Ultimately, 25 of them were replaced with English speakers.

Several employees complained to the EEOC, which sued on their behalf. Instead of going to trial, the parties settled and the wronged employees will split $2.6 million.

The EEOC said English-only policies can be discriminatory "when implemented with the intent to silence foreign languages in the workplace or manufacture a reason to discipline persons who are not native English speakers."(EEOC v. DH San Antonio Management, LLC)

Employee claims to EEOC about English-only or other language rules 2017 265 2018 253 2019 289 Source: EEOC Note: Table made from bar graph. Know the rules on setting language policy for staff

No federal law...