Lessons Learned: English-Only Policies Can Be Discriminatory

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Patricia Tsipras

July 17, 2024

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that, following an investigation, it resolved a Charge of Discrimination (Charge) filed by a woman employed as a “light housekeeper” at a nursing home facility in California.

The complainant alleged that her employer, Healthcare Services Group, Inc. (HSG), prohibited her from speaking her native language, Spanish, while in the workplace.  The EEOC reported that its investigation revealed evidence confirming that HSG maintained a limited “English-only” rule.  This type of policy violates Title VII of the Civil Rights Act of 1964 (national origin discrimination) if it is applied at all times in the workplace, unless justified by business necessity.

After the EEOC’s investigation, the parties engaged in a pre-litigation conciliation process and resolved the Charge.  Pursuant to the settlement, HSG will

• pay monetary damages to the housekeeper
• provide training for all California employees
• provide additional training for all California managers and human resources personnel
• revise its California policies and procedures to include a clear statement that HSG will not restrict languages spoken by employees who are not performing patient care
• revise its California policies and procedures to include a clear statement that employees have the right to speak their preferred language in the workplace
• issue its revised policies in English, Spanish, and any other language spoken by 5% or more of its California workforce
• remove English fluency requirements from the light housekeeper job description
• post a notice of the settlement for a period of two years

Employers:  As the EEOC outlines on its website, it is illegal for an employer to use an employment policy or practice that applies to everyone, regardless of national origin, if it has a negative impact on people of a certain national origin and is not job-related or necessary to the operation of the business.  An employer can require an employee to speak fluent English only if fluency in English is necessary to perform the job effectively.  An English-only rule is permitted only if it is needed to ensure the safe and efficient operation of the employee’s business and is put in place for nondiscriminatory reasons.

The author of this article, Patricia Tsipras is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, California, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.