Total Articles: 5
Use of “English-Only” Policies is Subject of Disagreement Between Governmental Agencies
The U.S. Commission on Civil Rights (USCCR) has posted a report which recommends that the Equal Employment Opportunity Commission (EEOC) modify its position that the use of “English-only” policies is a presumptive violation of Title VII of the Civil Rights Act. See EEOC’s guideline at 29 C.F.R. § 1606.7 (2010). This report sets up an interesting dichotomy in the analysis of such policies by two governmental agencies, both of which ostensibly were formed primarily to insure civil rights.
Use of "English-only" policies is subject of disagreement between governmental agencies.
The U.S. Commission on Civil Rights (USCCR) has posted a report which recommends that the Equal Employment Opportunity Commission (EEOC) modify its position that the use of “English-only” policies is a presumptive violation of Title VII of the Civil Rights Act. See EEOC’s guideline at 29 C.F.R. § 1606.7 (2010). This report sets up an interesting dichotomy in the analysis of such policies by two governmental agencies, both of which ostensibly were formed primarily to insure civil rights.
USCCR Briefing Report Recommends Scrapping EEOC Guidelines on English-Only Policies
The U.S. Commission on Civil Rights (“USCCR” or “Commission”) has issued a briefing report – English Only Policies in the Workplace (pdf) – recommending that an employer’s English-only policy be deemed unlawful only if such policies are enacted to harass, embarrass, or exclude employees and/or applicants based on their national origin. The report also suggests that Congress amend Title VII of the Civil Rights Act to clarify the meaning of discrimination on the basis of national origin. This recommendation runs contrary to the Equal Employment Opportunity Commission’s (EEOC) stated guidelines on this issue, which, in fact, the briefing report advises should be withdrawn.
Free Speech and English-Only Policies in the Workplace.
Last weeks free speech ruling from the U.S. Supreme Court in the Bong Hits 4 Jesus case reminds us that employers, like educational institutions, have the right to regulate speech in the workplace. Private sector employers are unrestricted by the First Amendment, which applies only to government action. But there are legal restrictions applicable to private employers as well. One such restriction that is often misunderstood by employers is single-language policies. Usually theyre English-only policies, but the same rules could apply to any employers policy limiting the language employees may speak on the job.
Developing Law on English-Only Policies (pdf).
EEOC regulations prohibit blanket restrictions on the use
of languages in the workplace, and the agency has
targeted employers who impose broad English-only
policies. However, a narrowly drawn policy that requires
English to be spoken at certain times and/or in certain
areas is permissible if the employer can establish a
business necessity for the policy.
