Employment Discrimination- "English Only" Policies
Some companies are adopting policies that require employees to only speak English on the job, causing a backlash of lawsuits alleging that such rules can discriminate against immigrants.
The English-only policies are coming as the number of immigrants in the U.S. soars: Nearly 11 million residents are not fluent in English, according to U.S. Census data, a drastic increase from 6.6 million in 1990. Nearly 34 million residents are foreign-born, according to 2003 U.S. Census data. That's up from 24.6 million in 1996.
Employers may legally adopt an English-only speaking rule if they can show it is a business necessity, such as the need for communication with co-workers and customers or safety-sensitive situations where use of a common language could prevent an emergency.
The number of charges filed with the federal Equal Employment Opportunity Commission (EEOC) alleging discrimination based on such English-only policies is small but six times as large as 10 years ago, from 32 charges in 1996 to about 200 in 2006.
Employers have faced lawsuits for enforcing English-only policies. In April, Flushing Manor Geriatric Center agreed to pay $900,000 to settle an EEOC lawsuit based in part on the company's English-only policy.
Some employers have extended the policy to customers, too. Geno's Steaks, a Philadelphia landmark, generated a storm of media and blogger attention in 2006 when its owner posted a sign requesting that customers order only in English.
At Hakia, which provides an Internet-based search engine, employees who are hired must speak English, and English is the language used for all business communications, says President Melek Pulatkonak. Employees are free to speak their native language in private conversations.
