Workplace Language Discrimination, Title VII Protections, and Compliance

Workplace Language Discrimination, Title VII Protections, and Compliance

Workplace language discrimination is a critical issue, particularly as it relates to national origin protections under Title VII of the Civil Rights Act of 1964. According to an article by the law firm Ogletree Deakins, Title VII prohibits discrimination based on national origin, including an individual’s primary language, often seen as an essential national origin characteristic. While employers may impose English-only rules in certain situations, these rules must be justified by a legitimate business necessity and applied fairly, without discriminatory intent.

The U.S. Equal Employment Opportunity Commission (EEOC) actively enforces these protections. In 2023, 19 lawsuits related to race or national origin discrimination cost employers $4.9 million. Recent cases highlight the risks of enforcing English-only rules without sufficient justification. 

The article cites one example in 2024, where a housekeeping company in California settled with the EEOC after requiring employees to speak only English, agreeing to pay damages and revise its policies to allow non-English languages unless patient care was involved. Similarly, in 2023, a staffing firm in Washington and Oregon paid $276,000 after firing employees for speaking Spanish in violation of a no-Spanish rule that lacked business justification.

As the Hispanic population grows—making up 19 percent of the U.S. workforce and projected to reach 21 percent by 2030—employers must be mindful of their policies regarding language use. The EEOC’s scrutiny of English-only rules demonstrates the importance of compliance with Title VII, which views language restrictions as potentially discriminatory. To avoid litigation, the article suggests employers should review their policies and provide training to managers, ensuring they understand the legal boundaries of language requirements in the workplace.