“National origin” is a protected class under both federal and state law, along with race, sex, age and other characteristics. That means employers can’t discriminate against someone solely because they were born outside the U.S. or because of their specific country of birth.
Title VII of the Civil Rights Act of 1964 actually provides broader protection than that. The U.S. Department of Labor (DOL) states that an employer can’t subject an employee to unfavorable treatment because of their “actual or perceived place of birth, country of origin, ancestry, native language, accent, or because they are perceived as looking or sounding ‘foreign.’”
Broad “English only” policies are generally prohibited
Discrimination based on national origin doesn’t always involve harassment or failure to hire or promote someone. It can take on other forms. For example, employers can’t have a blanket “English Only” policy in the workplace or reprimand an employee for speaking another language in most non-work-related interactions.
For example, two employees conversing in a break room or hallway can choose to speak their mutual native language (or any language). An employee making a personal phone call to an older family member or friend while on a break can speak in another language.
When can employees be required to speak English?
With that said, the law does allow for English-only approaches under certain circumstances. Employers have the right to mandate communication (verbal and written) in English when:
- They’re involved in “cooperative work assignments.”
- Their work needs to be assessed or monitored by a supervisor.
- They’re communicating with anyone who primarily or solely understands English.
- There’s an emergency or safety-related situation.
Workplaces often benefit from having bilingual or multilingual employees – especially when they’re regularly dealing with customers, vendors and others whose first language isn’t English. While some employers appreciate the value of these employees in those situations, too many of them then try to enforce “English only” or even “No Spanish” (or other language) policies. Too often, they do this simply because they and other staff aren’t “comfortable” when they don’t know what someone else is saying – even when it doesn’t involve them.
These are just a few of the reasons why it’s crucial for employees to know their rights and to be able to assert them respectfully but firmly. If an employer acts in a way that an employee believes is illegal and they’re not able to resolve the matter favorably, it may be necessary to get legal guidance.