sample policies

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‘English-Only’ Policies
If you’re thinking of establishing an English-only policy for your
workplace, be aware that you risk incurring the wrath of the EEOC.
The agency is strongly opposed to English-only rules and will
prosecute employers who commit national-origin discrimination.
EEOC Guidelines
The EEOC’s guidelines on national-origin discrimination include a section on “speak-
English-only” rules for employers. Here’s a summary:
❒ English-only rules in the workplace can have an adverse impact on those
whose primary language is not English. The rules can create “an atmosphere of inferiority,
isolation and intimidation based on national origin.”
❒ English-only rules applied at all times (including lunch hours and breaks) are
presumed to violate Title VII and will be scrutinized closely.
❒ English-only rules that apply only at certain times may be lawful if the
employer can show they are justified by business necessity.
❒ If a limited English-only rule is adopted for business necessity, the employer
should inform all employees of the rule, explain the circumstances under which
English is required and make sure employees are aware of the repercussions of
violating the rule.
❒ If an employer fails to provide notice of the rule, including consequences for
violating it, taking adverse action against an employee for violating the rule constitutes
national-origin discrimination.
❒ An English-only rule applied only to a particular group violates Title VII as
unlawful disparate treatment.
❒ English-only rules, whether applied at all times or only at certain times, may
create a hostile work environment that could constitute unlawful harassment under
Title VII.
❒ If a job applicant is not hired because of an accent or manner of speaking, the
employer must show that the accent interfered materially with the person’s ability
to perform the job.
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