Congress Tries to Legalize “English Only” Workplace Policies

According to an article in today’s Los Angeles Times, Congressional Republicans are pushing to amend federal anti-discrimination laws to do away with the provision that prohibits employers from requiring employees to only speak English at work.

Currently, under Title VII of the 1964 Civil Rights Act such an “English-only” policy is considered national origin discrimination. There is a “business necessity” exception to this rule where speaking English is necessary to do the job. For example, a nurse who assists with surgeries must be able to speak English to communicate with the medical staff.

This amendment is unlikely to pass and is likely just pre-election posturing to bring the debate over immigration into the forefront of the electorate’s consciousness.

However, most employees in California would not be effected by such a change, because California’s Fair Employment and Housing Act also prevents English-only policies and is far more protective than Title VII in virtually all respects.

Tags

California Employment Law | Discrimination | Hostile Work Environment | National Origin Discrimination | Policy : Legislation | Race Discrimination