The Federal and State anti-discrimination laws cover many protected groups, including race, gender, sex, and religion. What many employees do not realize or appreciate is that these laws also prohibit discrimination based on national origin. The EEOC has taken the position that discrimination based on national origin discrimination includes discrimination based on an employee speaking a language other than English.
National Origin Discrimination Can Take Many Forms
National origin discrimination is a very broad category and is not limited to negative comments arising out of a person’s birthplace. Rather, it includes ancestral origin, ethnic group origin, and even mistaken national origin. Not only that, but it includes discrimination based on physical, linguistic and cultural characteristics closely associated with a national origin group, such as dress and accent. Nor does your harasser have to belong to a different national origin group. Illegal discrimination can occur from others of the same origin.
English-Only Policies Are Discriminatory
The Equal Employment Opportunity Commission—the agency charged with enforcing federal laws on anti-discrimination—asserts that a policy that requires English at all times is typically illegal. An English-only rule is only allowed if it is necessary to ensure the safe or efficient operation of the employer’s work, and is put in place for nondiscriminatory reasons—a rather high bar for an employer to meet.
Equally importantly, your employer cannot discipline or otherwise adversely impact your job for an accent unless the accent “seriously interferes” with the your ability to do the job.
And, under California law, English-only rules are never lawful under the during an employee's non-work time, such as meal and rest breaks.
When applied at all times during an employee’s shift, English-only rules are burdensome and likely discriminate based on individual’s nation origins. An employee’s native language is considered part of their national origin such that prohibiting employees from speaking their native language when English is not necessary limits their employment opportunities on the basis of national origin.
Talk to an Experienced Employment Attorney
If you have been discriminated against by being forced to speak English at work, or in any other way relating to your race or national origin, do not hesitate to contact us today through our website or give us a call at (213) 465-4802 for a free consultation.