Speaking Spanish at Work

This situation is very frustrating for many people since learning a new language is a terrible burden on top of coming to a new country and establishing a home within your community.

Is it legal for a business to require their employees to speak only English during working hours?

This can be a bit complicated. As long as the business can prove that the policy is necessary to be able to function properly and they notify their employees of the policy.

If the business has notified the employees, they must also make the sanctions known for violating the rule.

A business is not allowed to have an English-only policy with no purpose without informing the employees. They may not use the rule as a form of discrimination against employees who do not speak English.

What is the purpose of having this rule?

For many years, the Equal Employment Opportunity Commission (EEOC) has been working to establish that such a rule is both illegal and discriminating. Unfortunately thus far the legal system has not yet made this illegal in all situations.

As long as the employer can prove that it’s necessary for employees to speak only English the Courts have ruled that that is permitted. The most common reason for the rule is for supervisors to be allowed to communicate with all their employees. Often the company will state that it’s necessary to maintain cooperation and harmony among all employees.

Does this rule only apply to Spanish speaking people?

No. This rule is applied equally to all people that do not speak English.

What can I do if I think my employer is violating this Florida law in regards to this type of regulation?

Go talk immediately to an attorney or directly to the EEOC. Information about the nearest local EEOC office can be obtained through government agencies in the state.

What happens if my manager asks me to serve as an interpreter to be able to communicate with a client?

If your manager or supervisor has a rule of only speaking English and asks you to violate this rule to be able to translate for a client, you can do so without a problem, and without any fear of sanctions. Likewise, if when they offered you the job they told you that you had to translate it will not be an issue. It is completely acceptable for you to speak your native language without fear of being in violation of the rule or sanctions. The only thing you cannot do is to speak your native language when you are not serving as an interpreter or translating.

Can I speak Spanish in my lunch hour or during break time?

Remember: In order to demand that English is the only language spoken in the work place, the only thing the employer has to show is that he is trying to keep harmony in the workplace. Even though it may not be necessary for you to speak English while you eat lunch, they can demand for you to speak English in order for harmony to exist among the employees.

In the legal cases I have read about, managers always alleged that it is necessary for all of his employees to speak English to be able to monitor the performance of his job duties, and to know if they are talking poorly about the business, other employees or a supervisor. It is very common that an employer demands that you speak English even when you’re eating lunch or taking a break.