[lg policy] United States: Whole Foods Revises Its English-Only Policy

[Harold Schiffman]

United States: Whole Foods Revises Its English-Only Policy
Last Updated: July 11 2013
Article by Ashley L. Harrison


Natural foods chain Whole Foods faces allegations that it punished two
Hispanic employees in New Mexico for speaking Spanish, in violation of
the company's English-only policy. Faced with a potential boycott and
a petition asking the company to rescind its English-only policy,
Whole Foods revised the policy.

Previously, the policy stated that employees must speak English "if
you speak English and are in the presence of customers." Conversations
with co-workers were required to be in English "any time you are on
the clock and discussing work-related tasks or subjects."

In response to the allegations, Whole Foods co-CEO Walter Robb stated
that the two employees received one-day suspensions for unacceptable
workplace behavior, not for speaking Spanish. Robb apologized for the
policy's lack of clarity and said that the allegations had prompted
the company to reevaluate its language policy.

The revised policy states: "When speaking with customers or fellow
Team Members, please make sure you are sensitive to others who may
want to join your conversation or ask you a question. If needed,
switch to a common language to be inclusive and respectful. Workers
still are required to converse in English with shoppers unless
requested otherwise by the customer."

Whole Foods' original language policy risked running afoul of federal
law. An EEOC regulation, 29 C.F.R. § 1606.7, provides that a rule
requiring employees to speak only English "at all times" in the
workplace is a burdensome term and condition of employment and a
presumptive violation of Title VII. The EEOC has stated that rules
requiring employees to speak only English in the workplace violate the
law unless they are reasonably necessary to the operation of the
business. English-only rules should be limited to the circumstances in
which they are needed for the employer to operate safely or
efficiently.

Employers should take care in crafting workplace language policies,
especially when those policies may be applied to employees on breaks,
not performing job duties, or engaging in casual conversations. As
always, employers should make sure that their policies are clear and
are clearly communicated to employees.

Originally published on the Employer's Law Blog

The content of this article is intended to provide a general guide to
the subject matter. Specialist advice should be sought about your
specific circumstances.


http://www.mondaq.com/unitedstates/x/250250/employee+rights+labour+relations/Whole+Foods+Revises+Its+EnglishOnly+Policy

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