Human Resource Blog

English-Only Rules in Florida

	Hiring and Staffing
Complete Business Forms Kit CD Form I-9 Employment Eligibility Verification Employment Application Long Form Substance Testing Consent Form Pre-Employment Reference and Background Check Employment Offer/Acknowledgment Receipt of Employee Handbook New Hire Survey

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Labor Laws
Complete State & Federal Labor Law Posters 1 Year Compliance Protection Plan State ONLY Labor Law Posters Federal Labor Law Posters

Our company in Florida wants to establish English-only rules. Is this legal?

You have hit upon a hot topic that might change with each month. In fact, court cases are coming about all the time that debate the role of language restrictions in the workplace. Some people believe that language restrictions, such as English-only restrictions, are unconstitutional and that they also violate Title VII rights of all employees to an anti-discriminatory workplace. Other people believe that because English is the most widely-used language of the United States, it should be allowed that companies can require English-only restrictions.

Only recently, there was a case that went to court regarding the mandatory usage of English and Spanish in a fire department. The department determined that because so many of its neighbors were Hispanic, that firemen would have to be bilingual or they would not be able to help the Hispanic community. This particular case is just peeking its head into court now.

Back to your question about English-only rules. Basically, the court could rule either way at this point. While currently, the English-only restriction is not illegal, but if it is restrictive against all employees that are legal to work in your company, then it could be seen as discriminatory under the terms of Title VII. It is important that you are aware that under the terms of the Title VII document, it is illegal to discriminate against someone based on their national origin and characteristics associated with their natural origin, such as their accent and way of dressing.

First, in order to determine whether your company really needs the English-only restriction, it is important to understand why you might implement such a restriction. Is it really necessary to your business operations and success? You need to also understand how far-reaching this rule could be. Will it affect all employees and be restrictive in a way that could violate their comfort and freedom? What are the potential long-term effects of such a rule on every one in your company?