English please

[Mpem]

Jurisdiction

Virginia

I lead a group of bilingual individuals who speak both English and Spanish. Unfortunately I do not speak Spanish. Is it legal for me as a leader to request they speak English when work related? I don't want to prohibit them from their native language but I also need to monitor their work status which I can only do in English. It's to their benefit as it allows me to catch mistakes quickly, encourage immediate small adjustments and prevent potential major changes. If Spanish or any other language were spoken I wouldn't catch potential mistakes until after the work is finished and they would have to tear down and restart again to correct the whole product. Completion is time sensitive so having to make major fixes would attribute to poor work performance. Continually making signifigant errors and not completing in expected time will lead to termination. When it comes to any other topic or subject matter, even while working, they are more than welcome to speak any language they choose. I don't even care if they talk about me! But when it comes to the aspect of work i would like to know where i stand legally. I have been told by my boss that i am being discriminatory. It is not my intent to single anyone out.

 

[ElleMD]

Yes, while blanket English only policies are not permitted under the law, you can require it be spoken if it is for legitimate work related communications.

 

[adjusterjack]

Your boss thinks you are being discriminatory. That's enough reason not to ask them not to speak Spanish because, if push comes to shove, you'll be the one fired while he covers his butt.

If your staff screws up projects so that they have to be redone, you report their poor performance to your boss and let him handle that issue without commenting on the language.

When the screwed up projects cut into his wallet, he'll take the appropriate measures.

 

[txls]

Or you can back to your boss and let him know that you have researched the matter and find that it is NOT discriminatory. If it is presented to your employees properly and with the explanations that you have outlined you should be fine.

 

[cynthiag]

The EEOC offers guidance regarding the Federal Anti-Discrimination Laws, and it's pretty clear-cut that there are circumstances under which you are allowed to ask them to speak English only. You can find this on the EEOC website:

Speak-English -Only Rules
The EEOC has stated that rules requiring employees to speak only English in the workplace violate the law unless the employer can show that they are justified by business necessity.

• A rule requiring employees to speak only English in the workplace at all times, including breaks and lunch time, will rarely be justified.
• An English-only rule should be limited to the circumstances in which it is needed for the employer to operate safely or efficiently.
• Circumstances in which an English-only rule may be justified include: communications with customers or coworkers who only speak English; emergencies or other situations in which workers must speak a common language to promote safety; cooperative work assignments in which the English-only rule is needed to promote efficiency.
• Even if there is a need for an English-only rule, an employer may not take disciplinary action against an employee for violating the rule unless the employer has notified workers about the rule and the consequences of violating it.

I'd say this pretty well covers the situations you are describing, where you need them to speak English because you do not speak Spanish.