Employees in Indiana are protected from discrimination based on national origin. And one of the ways this type of discrimination can happen is through the implementation of the English-only rule. With such a rule, an employer requires employees to speak only English at all times.
So, can your employer execute it?
It can be unlawful
According to Federal law, an English-only rule in the workplace is a burdensome term and condition of employment. Thus, it can be unlawful for your employer to expect you and your colleagues to only speak English. You have the right to speak in languages other than English.
It can be implemented
The English-only rule may be allowed in some instances. Firstly, it can be implemented for business necessity – when speaking English is necessary for the safe and efficient operation of the business. For instance, when communicating with customers who only speak English.
An employer may also require an employee to only speak a common language, in this case, English, to promote safety. For example, when performing duties in areas that contain flammable chemicals/dangerous equipment or when responding to an emergency. Speaking a language not widely spoken in the company in such situations can pose a risk.
Promoting efficiency is another factor that can result in the permissibility of an English-only rule. Employees working on a cooperative assignment may be required to speak English.
An employer may also require employees to only speak English with English-speaking co-workers and customers when a supervisor who only speaks English monitors their work performance (for job duties that require communication in English).
The English-only rule must be narrowly tailored in instances that allow it. If you experience discrimination based on this aspect, including how your employer notified you of the rule, obtain more information to fight for your rights.