Employers are Not Allowed to Discriminate or Retaliate Against You Because You Speak a Different Language in the Workplace
In some cases, an employer commits wrongful termination if they fire their employee for speaking a different language in the workplace. These types of issues commonly arise when an employer adopts an English-only requirement in their workplace.
Laws against language discrimination are designed to prevent employers from adopting policies that have the practical effect of discriminating against employees based on national origin.
As with many laws, there is an important exception to the rule prohibiting language discrimination. An employer may limit or prohibit the use of a language in the workplace if:
- The language restriction is justified by a business necessity,\
- The employer has notified its employees of when the language restriction is required to be observed,
- The employer has notified its employees of the consequences of violating the language restriction, and
- There is no alternative practice to the language restriction that would accomplish the business purpose equally well with a lesser discriminatory impact.