The immigrant population in the United States is growing increasingly large, and for many immigrants, English is not a first language. One reaction to the nation's increasing cultural and lingual diversity in the workplace is the emergence of English-only rules requiring employees to speak only English on the job. Such rules are disfavored by the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces federal anti-discrimination laws in the employment setting. Judicial decisions on the subject have gone in different directions, making it difficult for employees and employers to understand the current state of the law. 

Language Rules as a Form of Discrimination

The troubling aspect of English-only rules is that they are hard to distinguish from acts of discrimination against individuals whose cultural background does not include the English language. The civil rights laws, in particular Title VII of the Civil Rights Act of 1964, ban employment discrimination based on national origin. Yet, an employer can essentially engage in such discrimination by banning all languages other than English, and by punishing any employee who violates the ban. That is because chances are extremely high that the only individuals charged with violating English-only rules will be immigrants.

The EEOC and English-Only Rules

To combat national origin discrimination that can occur through English-only rules, the Equal Employment Opportunity Commission (EEOC) passed regulations under Title VII of the Civil Rights Act of 1964. These regulations recognize that an individual's primary language is often an essential national origin characteristic. These regulations first address English-only rules that are in effect in the workplace at all times. By preventing an employee, at any time, from using the language with which he or she is most comfortable, the employer is placing that individual at a disadvantage concerning employment opportunities.  Employers may also create an atmosphere of isolation, inferiority, and intimidation that leads to discrimination in the work environment.  Consequently, full time English-only rules are presumed to violate Title VII by limiting employment opportunities and creating a discriminatory environment based on national origin.