Texans are protected under both state and federal law from employment discrimination based on national origin. That applies not just to people who were born in another country but also to those whose parents or even grandparents or ancestors were born outside the U.S. As with other protected classes, the protection extends to those who are perceived as being “foreign,” whether they are or not.
Workplace discrimination is not always as obvious as refusing to hire or promote someone or using slurs and insults against them. One common example of national origin discrimination is when an employer requires employees to speak only English in the workplace, even when they aren’t engaged in a work-related activity. According to the federal Equal Employment Opportunity Commission (EEOC), a “rule requiring employees to speak only English at all times in the workplace is a burdensome term and condition of employment.”
Putting up signs in the workplace that say “English only” or “No Spanish (or any other language)” is typically prohibited. So is allowing supervisors or other employees to tell someone to “speak English” in non-work-related situations. Examples would be if someone is talking with a family member on the phone in another language or having a personal conversation with a colleague in a mutually shared language in the lunchroom or hallway.
When can an employer require someone to speak English?
Federal law states that employers can require their employees to use English when:
- Working on “cooperative” projects
- Communicating with those whose primary language is English
- Their work is being monitored or assessed by a supervisor
- There’s an emergency or a safety drill
If an employer is requiring employees to speak English in purely personal interactions or allowing employees to harass or intimidate those who are doing so, this could be considered illegal discrimination. That’s why Texas employees should know what their rights are and how to effectively assert them. If someone can’t resolve the matter with their employer and their livelihood and/or career has suffered harm as a result, it can help to seek legal guidance.