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Spanish Speakers Make Co-Worker Uneasy

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By CARRIE MASON-DRAFFEN Newsday

Published: November 26, 2007

My company recently instituted a policy requiring all new hires to read and speak English. My question is this: Can the company also insist that bilingual employees speak only English at work?

Those of us who aren't bilingual become frustrated because we have so many bilingual co-workers who use Spanish on the job, and we have no idea what they are saying. Management says it can't insist on English only.

Most in my department, including the supervisor, speak Spanish, with no regard for those of us sitting right next to him. The Spanish speakers believe we must learn to speak their language to communicate with them. But we feel they should make a greater effort to communicate in the language of this country.

Do not misunderstand me: These are nice people, and I am friendly with many of them. I just think it is rude for them to speak Spanish among us. And I think the company should put a stop to it.

If the company won't do anything, do we have any recourse? I'm sure I'm not the only person with this question.

You're not the first person to delve into this area. But your question stands out because the issue usually arises when a supervisor demands that an employee speak only English on the job - a requirement that often lands a company in court. So the issue is a tricky one for employers.
Title VII of the 1964 Civil Rights Act, the federal statute that bans discrimination on the basis of such things as race, gender and national origin, permits English-only polices in limited circumstances, says Elizabeth Grossman, regional lawyer in the New York District Office of the Equal Employment Opportunity Commission.

"As with any other workplace policy, an English-only rule must be adopted for nondiscriminatory reasons," Grossman says.

For example, an English-only rule would be discriminatory and thus unlawful, she says, if the company adopted it with the intent to discriminate on the basis of national origin. Likewise, she says, such a policy would be illegal if it permitted some foreign languages but not others.

Even when a company has what appears to be a nondiscriminatory policy, its prohibition against foreign languages in the workplace must be business-related, she says, adding that such a rule is justified by "business necessity" if the company needs it to operate safely or efficiently.

For example: A company could legally insist on an English-only rule for communication with customers, co-workers or supervisors who speak English only. Or it could insist on the policy in emergencies or other situations in which workers must speak a common language to promote safety.

The policy would be legal if it enabled a supervisor who speaks only English to monitor the performance of an employee whose job duties require communication with co-workers or customers.

"In evaluating whether to adopt an English-only rule," Grossman says, "an employer should weigh business justifications for the rule against possible discriminatory effects of the rule."

That's why employers should keep in mind the English proficiency of the affected workers. And before adopting such a policy, Grossman says, a company should consider whether it has any alternatives that would be "equally effective in promoting safety or efficiency."

I think you'll now understand why your company might not have acted on your request to ban Spanish in the office.

Even though the company's hands may be tied, tell your co-workers you feel self-conscious because you don't know whether they are gossiping about you. Perhaps they are simply unaware of your concerns.

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