Can My Employer Make Me Speak English Only, Even On Breaks?

I'm always surprised how many employers try to impose English-only policies or ban speaking a particular language when there are so few circumstances where such a policy would be legal. Most English-only policies at work violate the laws against national origin discrimination. Yet some companies like Albertsons and Forever 21 have ended up in hot water for banning the use of any language other than English. In the case of Albertsons, EEOC sued them for limiting language to English even during breaks. 

Banning the use of another language on breaks is almost certainly a blatant violation of the law.

Here's what the United States Equal Employment Opportunity Commission (EEOC) says about English-only policies:

The EEOC has stated that rules requiring employees to speak only English in the workplace violate the law unless the employer can show that they are justified by business necessity.

• A rule requiring employees to speak only English in the workplace at all times, including breaks and lunch time, will rarely be justified.

• An English-only rule should be limited to the circumstances in which it is needed for the employer to operate safely or efficiently.

• Circumstances in which an English-only rule may be justified include: communications with customers or coworkers who only speak English; emergencies or other situations in which workers must speak a common language to promote safety; cooperative work assignments in which the English-only rule is needed to promote efficiency.

• Even if there is a need for an English-only rule, an employer may not take disciplinary action against an employee for violating the rule unless the employer has notified workers about the rule and the consequences of violating it.

Some examples of how this would work would be having a rule that, in case of a workplace emergency, English only will be spoken so all employees can understand; a rule that employees may not use a non-English language to make derogatory statements about coworkers or in order to exclude coworkers; or a rule that no foreign language will be spoken in the presence of English-only speaking customers.

If your boss wants to ban a foreign language at work for none of the reasons that are allowed under discrimination laws, they may be breaking the law. It could well be considered national origin discrimination.

If your boss has an English-only policy that is not justified by business necessity, I suggest contacting HR to report this national origin discrimination. Report it in writing so you have proof of what you reported. Call it "Formal Complaint Of National Origin Discrimination," and explain the new prohibition against speaking another language. If they won't correct the situation or if they retaliate, you should either file a Charge of Discrimination with EEOC or contact an employment lawyer in your state to discuss your rights.