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If an employee complains that other employees are speaking a language other than English, can we require that all employees speak English at work?

Language restriction policies — including English-only policies — are unlawful unless you can prove that:

The language restriction is justified by business necessity;
The language restriction is narrowly tailored; and
You have effectively notified employees of the circumstances and time when the language restriction is required to be observed and of the consequence for violating the restriction.

A language restriction that is due to customer or co-worker preference won’t meet the business necessity requirement. Nor will a policy that is based on business convenience.

In addition, you can never require English-only policies during employees’ non-work time, such as meal and rest breaks, and unpaid employer-sponsored events.

For more information, see National Origin Discrimination.

If an employee complains that other employees are speaking a language other than English, can we require that all employees speak English at work?

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