Can my employer require English only at work?

This page is general information, not legal advice. It covers language rules at work. For filing steps, see How to file a discrimination complaint in California.

Can my boss make me speak only English?

Most of the time, no. California treats your language as part of your national origin. A rule that limits or bans a language at work is against the law unless the employer can show all three of these (Government Code 12951 and 2 CCR 11028):

1. The business truly needs it. The state calls this "business necessity." It means the rule is needed for the work to be safe and done well, it actually does that job, and nothing less harsh would work as well.
2. The rule is narrow. It covers only the times and tasks where it is truly needed.
3. You were told. Your employer clearly let workers know when the rule applies and what happens if you break it.

Wanting things to be easier for the boss is not enough. Customers or coworkers not liking your language is not enough. The state rules say so plainly.

These state limits come from the Fair Employment and Housing Act, the California law against job discrimination. That law covers employers with 5 or more workers. Your status does not change this. The Civil Rights Department says the law protects California workers whatever their citizenship or immigration status, and it does not ask about status.

Is an English only rule ever legal?

Sometimes, for certain tasks. An employer with a real safety or work reason may be able to require English for a specific moment. Examples people often raise:

• Talking with a customer who speaks only English
• Emergency calls or safety instructions where everyone on a crew must understand right away
• Work in a team where a mix up could hurt someone

Even then, the rule must be kept to those tasks and times, and you must be told about it ahead of time. Whether a rule is legal in your job depends on the facts. A free clinic can help you look at yours.

What about my accent?

Treating you worse because of your accent is against the law in California, unless your employer proves your accent gets in the way of doing the job in a real and important way. Having an accent is not the same as not being understood.

Mocking an accent, making fun of a language, or making jokes about the people who speak it can be harassment when it is severe or keeps happening. The state rules say even one very serious act can be enough. Harassment is illegal at every workplace, even one with fewer than 5 workers.

Can my employer require me to speak English well?

Only if the job truly needs that level of English. The state looks at what kind of English the job needs (speaking, reading, writing or listening), how much, and what the work actually is. A dishwasher job and a 911 dispatcher job are not the same.

Your employer may ask what languages you speak, including languages other than English, when there is a real business reason to ask.

What if the rule is at a small business?

If your employer has fewer than 5 workers, the California English only limits on this page may not apply to the rule itself. Harassment because of your language or accent is still illegal at every size of workplace. Your rights to be paid, to take breaks and to be safe also apply everywhere. See Your rights at work, with or without papers.

What about federal law?

Federal law also bans national origin discrimination at work. The federal agency is the U.S. Equal Employment Opportunity Commission (EEOC). Federal law reaches fewer employers than California law. The main federal law, Title VII, covers employers with 15 or more workers (42 U.S.C. 2000e(b)), so for most California workers the state rules on this page are the stronger tool. A clinic can tell you whether to file with the state, the EEOC, or both.

What should I write down?

Start today, while it is fresh. Keep it on your own phone or in a notebook at home, not on a work computer.

• The exact words of the rule. Take a photo if it is posted or written in a handbook.
• Who told you, and when.
• Whether it covers breaks, lunch, or talking with coworkers.
• What reason, if any, you were given.
• Anyone who was written up, punished or teased for using their language, with dates.
• Comments about your accent or your language, word for word if you can.
• Who else heard or saw it.

Do not take papers you are not allowed to have. A clinic can tell you what is safe to keep.

What can I do about it?

You have choices. You can do one, some, or all of them, and you do not have to do them in order.

1. Talk to a free clinic first. Call the Legal Aid at Work Language Rights Helpline at 1-800-864-1664. It helps people treated unfairly at work because of their language, accent or English. It offers help in English, Spanish, Mandarin and Cantonese. Leave a message; it tries to call back within 3 business days. More free help: Free help with a work problem in the Bay Area.
2. Ask in writing. Ask your employer to give you the rule in writing, tell you the business reason, and say exactly when it applies. A short, calm letter is below.
3. Use a union if you have one. A union steward can raise the rule for you.
4. File a complaint with the state. The Civil Rights Department takes complaints about language discrimination as national origin discrimination. You generally have 3 years from the last thing that happened. Steps: How to file a discrimination complaint in California.

What if I am punished for complaining?

Your employer may not fire you, cut your hours or threaten you because you complained about discrimination, filed a complaint, or testified or helped someone else with one (Government Code 12940(h)). That is called retaliation. California's national origin rules name one kind plainly: threatening to call immigration or the police about you or your family because you used your rights. See What counts as illegal retaliation at work.

Questions people ask

My boss says it is rude to speak Spanish around English speakers. Is that a legal reason? No. Coworker or customer comfort is not enough under California's rules. The rule needs a real business need.

Can I be fired for speaking my language on a break? California's rules say an English only rule is never allowed during breaks or lunch. If you were punished for that, write it down and talk to a clinic soon.

Our handbook has an English only rule nobody explained. Does it count? The employer must let workers know when the rule applies and what happens if it is broken. A rule that was never explained may not meet that test. Ask a clinic.

Do I need papers to file? No. The Civil Rights Department says the law protects workers whatever their immigration status, and it does not ask about status.

Is there a cost? The Language Rights Helpline is free for people who meet Legal Aid at Work's guidelines. You do not need a lawyer to file with the Civil Rights Department, and you do not need to pay anyone to fill out the form for you.

Who can help?

These are public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Legal Aid at Work, Language Rights Helpline: 1-800-864-1664. English, Spanish, Mandarin and Cantonese. Free and confidential for people who meet its guidelines. Language Rights Helpline (Legal Aid at Work)
• Legal Aid at Work, Workers' Rights Clinic: East Palo Alto line (415) 404-9093. Workers' Rights Clinic (Legal Aid at Work)
• California Civil Rights Department: 800-884-1684, or 711 relay. Employment (calcivilrights.ca.gov)
• More places to call: Free help with a work problem in the Bay Area

You speak the language your family taught you. That is not a fault to fix. Take one step this week, and do not lose hope.

Is there a letter I can use?