Ask a Lawyer - Archive

English Only Policy at Work Kell A. Simon

Is it legal for management to tell us we can't speak spanish in our office amongst each other in Texas?

-- Gen

A. 

It may not be legal for management to deny Spanish-speaking employees the right to communicate in Spanish at work. It depends on the situation. Both Title VII of the Civil Rights Act of 1964 (the federal anti-discrimination law) and the Texas Commission on Human Rights Act (the Texas human rights law) prohibit discrimination on the basis of national origin. Discrimination based on the language you speak may be a form of national origin discrimination. The employer would probably have a good argument in favor of an English-only policy if it was necessary to require you to speak English to get the job done. However, if the employer is trying to interfere in daily social interactions between co-workers just out of spite or dislike for their national origin, that may be a form of illegal discrimination.

-- Kell A. Simon