How can attorneys help employers decide if English-only policies are advisable?
The best advice attorneys can give employers regarding English-only policies may be to avoid them unless they are absolutely necessary to the business. If employers do want to develop such policies, attorneys can help in several ways. One such way is to educate employers about workplace situations that justify English-only policies and EEOC guidelines that influence language-related terms and conditions of employment. Another is to draft policies that address business necessity but do not disparately affect employees on the basis of race or national origin. A third is to insure that an employer’s policy remains in step with any changes in the law. And, of course, attorneys can defend employers should legal challenges to their policies arise. What are some of the circumstances in which English-only policies are permissible? Some of the typical circumstances include communicating with customers, coworkers and supervisors who speak only English; addressing emergencies or other situations
