Can an employer stop you from speaking your native language?

Under California’s Fair Employment and Housing Act (FEHA) and federal law, it is illegal for an employer to discriminate against an employee based on his native language or manner of speech, such as accent, size of his vocabulary, and syntax.

Can employer require employees to speak English?

The EEOC has stated that rules requiring employees to speak only English in the workplace violate the law unless the employer can show that they are justified by business necessity. A rule requiring employees to speak only English in the workplace at all times, including breaks and lunch time, will rarely be justified.

Can I be asked not to speak my native language at work or to speak English only?

Can I be asked not to speak my native language at work or to speak English only? A rule requiring employees to speak only English at all times on the job can violate the law, if it has been adopted for a discriminatory reason or if, is not uniformly enforced, or if it is not necessary for conducting business.

Is it illegal to require employees to speak English on the job?

A rule requiring employees to speak only English at all times on the job can violate the law, if it has been adopted for a discriminatory reason or if, is not uniformly enforced, or if it is not necessary for conducting business. For example, an employer may not adopt an English-only rule as a pretext for getting rid of Latino workers.

What can employer do if employee does not give notice?

The law does not give an employer any recourse against employees who do not honour their contracts – nothing in terms of labour legislation anyway. The option is for the union (as employer) to sue and issue summons against the employee as well as for any damages the union (as employer) can justify in terms of the employee’s breach of contract.

What to do if you are asked to reduce hours of work?

You should ask your employer for details of the reduced business activity, who else has been asked to reduce their hours of work or pay and what were the criteria for selection. If your employment is affected by coronavirus, you can read our document on Employment rights during the COVID-19 restrictions.

Can a employer deny you an employment opportunity because of your English?

Similar to employees who speak with accents, an employer must show a legitimate, nondiscriminatory reason to deny you of an employment opportunity because of proficiency (how well you speak or write) in English.