Is It Legal To Ask Your Employees To Speak Only English Within The Office?
Posted on November 21st, 2009
I am curious about the legal issues involved with trying to keep employees from speaking foreign languages within an office setting. I recently came across a situation where an employer is threatening to reprimand employees that are heard communicating in their native language. If the conversations are not inappropriate with respect to content, can an employer legally require you to only speak English? Could such a policy possibly be seen as a violation of rights under the First Amendment?
Related Posts:
Tags: Employees, English, Legal, Office, Only, Speak, Within
Filed under Speak English |
9 Responses to “Is It Legal To Ask Your Employees To Speak Only English Within The Office?”
-
sarge927 Says:
November 21st, 2009 at 4:06 amI don’t think I’ve heard of such a law. Because sometimes you need to be able to speak more than one language at a workplace.
Besides, it’s not really fair to restrict someone from speaking a foreign language in front of you. I mean, as someone who speaks other languages, it’s extremely rude – it’d be like showing up to work and talking about hookers and strippers and swearing at people and stuff like that. But it should still be legal. You can’t really fire someone for their anecdotes, but it bolsters a case if you want to fire them for other reasons. -
WalksInT Says:
November 21st, 2009 at 4:10 amThat’s a very tricky legal issue because it’s a no-win situation. If an employer doesn’t require everyone to speak English, an employee can file a grievance based on a “hostile work environment” if he/she believes people are trying to spread rumors or talk about him/her behind his/her back in a foreign language. On the other hand, if an employer mandates that all employees speak English while at work, a minority member could sue for racial discrimination.
The big question to ask here is why someone would feel it necessary to communicate with others in a language other than English, and the first reason that leaps to my mind is they want to be able to talk about virtually anything (including office matters, other employees, personality conflicts, office policy/procedure, etc.) without anyone else understanding what’s being said. That right there is enough reason in my mind to require all employees to speak English at work. The only problem is if someone decided to file a complaint, the courts may not see it that way.
BOTTOM LINE: An employer can legally require all employees to speak English at work, but you can bet your bottom dollar that someone is going to challenge it on the basis of racial discrimination, so the employer would have to show just cause for such a requirement. And if the employer is not successful, the policy would be overturned. -
Amy Says:
November 21st, 2009 at 4:35 amNope.
If they are in a “common area” as in an area that they deal with customers and others not associated with the company, then they should present a situation where people feel they can speak to any of the people.
I don’t know if it is really something that could be managed, nor is it a very worker friendly sort of thing. But if you are the owner, then you can ask whatever you like. -
volleyba Says:
November 21st, 2009 at 5:31 amNo!
The first Amendment only protects free speech concerning government interference!.
You who believe that it extends farther than that are misinformed!
It may however violate some other Act! I would say it is perfectly legal to say that if they were dealing with customers, but private speech is not something he can interfere in, though that is not a 1st Amendment issue! -
cantcu Says:
November 21st, 2009 at 6:25 amFirst and foremost, the first amendment does not apply to employers, it applies to governments.
Yes, an employer has the right to require all conversations on company property or on company time to be conducted in english. -
davidmi7 Says:
November 21st, 2009 at 6:31 amCommunication is the backbone of business. A business owner has the right to make sure everyone is on the same page language wise so that key information is overlooked.
Sorry to say this but the manager can do this if it’s for the good of the company. Go get em! -
Kal-El Says:
November 21st, 2009 at 6:47 ami dont think so. after all it is america, the language is supposed to be english. if you are going to have a conversation, then everyone should be open to it,
-
yo Says:
November 21st, 2009 at 7:28 amWell if it is an American Company and some employees don’t speak other language but English it would be impolite for those who do speak foreign languages to speak something that other people (maybe even the boss) cannot understand.
-
Sandy, en la Republica de Tejas Says:
November 21st, 2009 at 7:30 amemployees do not have the right of free speech when at work
If the foreign language disrupts your business operation you can terminate them for this reason