[lg policy] English-Only Language Policies in the Workplace

[Harold Schiffman]

English-Only Language Policies in the Workplace

June 26th, 2010 ·

The US state of Tennessee has recently approved a bill which allows
employers to stipulate that their workers must only speak English
while at work. However, can it be considered legitimate for UK
employers to enforce and English-only policy in the workplace? In
Tennessee, the new legislation allows employers to demand that their
employees speak English at work when there is “a legitimate business
necessity” for them to do so. This would include such reasons as
safety and efficiency. Throughout the state, however, concerns have
been raised that some employers may interpret the new laws to mean
that they can require English to be spoken in more situations than the
legislation actually permits. For example, the bill specifically
states that employees cannot be required to speak only English while
they are on a break.

In UK law, the principles behind an English-only policy in the
workplace are much the same. In order to avoid the potential for race
discrimination claims, UK employers should ensure that any
English-only policy can be justified as a proportionate means of
achieving a legitimate business aim. Therefore, while justifying the
requirement for employees to speak English to customers and colleagues
in the workplace is straightforward, a blanket ban on casual
conversations or conversations during break times in other languages
should be avoided.


http://legal-news.ashbycohen.co.uk/discrimination/english-only-language-policies-in-the-workplace/

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