In a diverse state like California, language is not only a means of communication, but also a core part of cultural identity. Yet, many employees face workplace language restrictions or are told outright that they cannot speak Spanish while on the job.
Can your employer legally ban you from speaking Spanish at work?
Defining Language Discrimination
Under California law and federal law, language based discrimination is considered a form of national origin discrimination. More specifically, California Government Code 12940 and Title VII of the Civil Rights Act of 1964 outlines how employers cannot terminate, demote, harass, or retaliate against their employees for speaking Spanish or another foreign language associated with your national origin. Should they do so, employers will not only be susceptible to lawsuits, but can be penalized for their conduct.
Are English-Only Rules Ever Allowed?
They are allowed, but only in very limited circumstances. According to California Code of Regulations (CCR § 11028), an English Only policy can be enforced only if the employer can prove that the language restriction is a justified business necessity and that employees are clearly notified about when and where it applies.
Safety concerns such as the operation of hazardous equipment, customer service purposes, and operational clarity as all justifiable causes to enforce an English Only policy. However, it is important to note that total bans on speaking Spanish are usually illegal under California law.
Can I Speak Spanish During Breaks or with Coworkers?
In California, employers generally cannot regulate the language employees use during breaks or meal periods, private conversations with coworkers, and conversations during non-customer-facing roles. However, unless the use of Spanish interferes with business operations, employers don’t have the right to police casual conversations.
What If My Coworkers or Supervisor Say It’s “Rude” or “Divisive”?
Employees do not have any legal obligation to speak English to make others feel more comfortable, especially if they’re conversing privately.
For example, comments like, “This is America! Speak English,” “You’re being secretive,” and “You’re making people uncomfortable,” may contribute to a hostile work environment and it could be evidence of workplace harassment or discrimination. Employers are lawfully required to prevent and address discriminatory behavior under California’s FEHA.
What To Do If An Employer Told Not to Speak Spanish?
If employees are told not to speak Spanish or are punished for doing so, they have the right to challenge it. In order for a language discrimination to be valid, employees must document all instances of it occurring in the workplace such as saving emails/texts, writing down who said what, when, and where, and noting any discipline or retaliation that follows.
After doing so, they are recommended to file the complaint internally to their HR department and see if a resolution can be followed through. If nothing happens, or the HR department refuses to acknowledge the situation, employees can contact an employment attorney for legal action.
Legal Remedies for Language Discrimination
If employees have experienced unlawful language discrimination, they may be entitled to forms of compensation such as back pay, front pay, compensatory damages (emotional distress, pain and suffering), punitive damages (if the employer’s conduct was malicious or egregious), reinstatement to their position, and attorney’s fees and costs. While the value of a claim will vary on a case by case basis, it is always recommended to consult with an experienced employment attorney who will objectively analyze the case and give their insight about the situation.
Call Lawyers for Justice, P.C. for a Free Case Review
In California, employers cannot ban Spanish in the workplace unless they can prove it’s necessary for safety or business reasons. Even then, the rule must be clearly explained and narrowly applied. If employers told their employees to not speak Spanish at work or were fired for doing so, affected employees may have grounds to file a claim.
Lawyers for Justice, P.C. is here to help employees fight back against unlawful language discrimination. With decades of experience representing employees, the legal team has a proven track record of winning cases and securing just compensation for their clients.
Take the first step to reclaim your rights today by calling 818-JUSTICE or by filling out the online contact form for a free consultation.