English-Only Policy
Author: Adam W. G. Freed and Anthony J. Oncidi, Proskauer Rose LLP; Jeremy M. Mittman, formerly of Proskauer Rose LLP
When to Use
In certain workplaces, an English-only language restriction may be necessary for the safe and efficient operation of the business. For such employers, a carefully tailored English-only policy can advance legitimate business interests such as promoting workplace safety or ensuring effective communication with co-workers and clients. However, an employer must use caution when considering an English-only policy to ensure that it does not run afoul of federal, state and local antidiscrimination laws.
An employer with a legitimate business need for an English-only rule should consider implementing this policy to communicate its rule, when and to whom it applies, consequences for violations and any exceptions to the policy.