The U.S. Commission on Civil Rights (“USCCR” or “Commission”) has issued a briefing report – English Only Policies in the Workplace (pdf) – recommending that an employer’s English-only policy be deemed unlawful only if such policies are enacted to harass, embarrass, or exclude employees and/or applicants based on their national origin.
The report also suggests that Congress amend Title VII of the Civil Rights Act to clarify the meaning of discrimination on the basis of national origin. This recommendation runs contrary to the Equal Employment Opportunity Commission’s (EEOC) stated guidelines on this issue, which, in fact, the briefing report advises should be withdrawn.
The eight-member Commission is charged with, among other functions, reviewing the efficacy of current anti-discrimination law, analyzing discrimination in our society, and submitting its findings and recommendations to the President and Congress. To this end, on December 12, 2008, the Commission conducted a hearing to examine whether employers have the legal authority to specify English as the official language of the workplace, as well as the practical and social consequences of such policies. The EEOC has taken the position that English-only policies are presumptively unlawful, as they risk national origin discrimination under Title VII of the Civil Rights Act. According Section 1606.7 of the EEOC guidelines, an English-only policy in the workplace, when applied at all times:
is a burdensome term and condition of employment. The primary language of an individual is often an essential national origin characteristic. Prohibiting employees at all times, in the workplace, from speaking their primary language or the language they speak most comfortably, disadvantages an individual’s employment opportunities on the basis of national origin. It may also create an atmosphere of inferiority, isolation and intimidation based on national origin which could result in a discriminatory working environment. Therefore, the Commission will presume that such a rule violates Title VII and will closely scrutinize it.
The same guidelines explain that if the English-only policy is applied only at certain times, an employer may invoke such a rule if it can show that it is justified by business necessity.
Written by Ilyse Schuman
##
Comments:
| < Prev | Next > |
|---|
» Overtime Lawsuits on the Rise
» NBC News Joins Forces with the U.S. Chamber of Commerce for a Division-Wide Initiative, “NBC News: Hiring Our Heroes”
» Research: Workplace Retaliation Increasing Reports National Survey
» Terms and Conditions
» Are alcoholics able to be truck drivers?
Latest Events
- 27Apr,'12 - 31Dec,'12 HR Strategist@Net-Speed - Enhancing your Human Capital Inve...
- 14Jun,'12 - 16Jun,'12 Magical Mystery Tour - CSP Staffing & Recruiting Conference...
- 09Oct,'12 - 11Oct,'12 Staffing World 2012 Las Vegas ASA Convention and Expo
![]()
HCX Fact
At $22 per quarter-ounce, a Hewlett-Packard color ink-jet cartridge is more expensive, by weight, than imported Russian caviar.
- Home
- Explore Articles
- Category Info
- Business/Client Dev & Marketing
- Career / Personal Dev
- Compensaton and Benefits
- Compliance / Legal
- Consulting / Outsourcing
- Employee Labor Relations
- Ethics
- Human Resource (HR)
- Health / Safety / Risk Mgmt
- Organizational Development
- Recruiting & Candidate Dev
- Sourcing and Research
- Surveys & White Papers
- Testing & Assessment
- Training, Develop & Retention
- Articles Archive
- ViewPoint
- News
- Directory
- Education Store
- Forum
- Events
- Jobs
- Authors
- Dilbert
Who's Online
Recruiting / HR Jobs
Featured Products
Login Register
Read More Articles
- CREATING HIGH PERFORMANCE ORGANIZATIONS via Work Life Initiatives
- H-1B Cap Reached for Fiscal Year 2012
- The Company Holiday Party: HR’s Role as “Party Planner”
- Maryland now bans Employers from requesting Social Media Passwords
- Age bias in IT: The reality behind the rumors
- Court of Appeals for the Second Circuit Narrows Scope of Federal Laws Protecting Trade Secrets
- Panera Bread Employee claims he was fired for refusing to discriminate















