My Boss Is Telling Me Not to Speak My Native Language at My Workplace

by Scott Thompson

Even though many employers have adopted an English-only policy in the workplace, these policies are frequently in violation of the law and can result in a lawsuit. The Equal Employment Opportunity Commission allows such a policy only when there is a legitimate need for it based on the type of work the company does.

English-Only Policies

The Equal Employment Opportunity Commission enforces Federal laws against discrimination in the workplace. According to the EEOC, an English-only rule can be justified only in situations where the use of another language would harm the business or create a safety problem. When the EEOC believes a company's English-only policy to be in violation of this rule, it can bring a class-action lawsuit against the company.


The EEOC lists several examples of situations that could justify an employer's English-only policy. A company can require employees to use English when speaking to customers or coworkers who speak only English, or when working on a project with English-speaking coworkers. A company can require the use of English for safety reasons, such as in a fire drill or an emergency. When a company has a legitimate English-only policy of this type, it may not apply the policy outside of the narrow situation in which it is needed. For instance, two employees who speak Haitian Creole cannot be forbidden from using this language with each other on their lunch break even if they are not allowed to use it while interacting with customers.


When a company has an English-only rule for a legitimate reason, it must apply the policy fairly to all languages. For instance, a company with an English-only policy can't overlook the use of Spanish while disciplining employees who use Cantonese or Tagalog. An English-only rule cannot be used simply to keep employees from being able to communicate privately with each other unless all personal conversations are against the rules in that workplace regardless of the language used.


Although the EEOC's policy on English-only rules is unambiguous, courts have not always taken the same interpretation. A Boston-area organization called Mass. English Plus notes that some judges will uphold English-only rules even in situations where the EEOC believes the policy to be in violation. A "Forbes" article advises employers to avoid the complexity and potential litigation risk of an English-only policy unless they really need it. However, it is also noted that some courts have supported the EEOC interpretation on this topic and some have not.

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