Can an employer implement a policy that requires employees to speak English on the job?
Generally speaking, English-only rules that apply at all times in a workplace are considered suspect under the law and raise national origin discrimination concerns. Court cases arising under federal anti-discrimination law have provided guidance in determining when such language restrictions are appropriate. Employers should not implement an English-only policy until they have thought it through carefully. But as long as a policy is carefully drafted and consistently applied, its existence and the circumstances when English is required are made known to all employees, and the policy addresses an articulable business need, it should withstand challenge. How can attorneys help employers decide if English-only policies are advisable? The best advice attorneys can give employers regarding English-only policies may be to avoid them unless they are absolutely necessary to the business. If employers do want to develop such policies, attorneys can help in several ways. One such way is to educ
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