first ammendment violation???

Question

is it illegal for my employers to forbid me from speaking spanish with other employees while we're at work? if so please give me a link

Answer 1

Yes and no. If you are on break, or are not working, then your boss doesn't have a leg to stand on. But, depending on the job, there might be requirements to speak English while working (Air Traffic Controllers all speak English around the world). No matter what, it isn't a 1st amendment issue, it is considered a discrimination issues. Look for court cases to back up your position.

Answer 2

There was a case in Florida where some nurses would speak Tagalog. One of them got fired because a patient complained. The court ruled that the language of the hospital is English but allowed the speaking of Tagalog only to patients who speake it to keep them at ease. Your workplace sets the language. If you work in a strawberry patch in California the work language could very well be Spanish and anyone entering that workforce should speak that language as it has been established as the language of that particular workplace. If you wish to speak Spanish I would suggest you see what the company rules are before you continue. Some companies allow foreign languages only at break and only if all people at the table or in the group speak it. Some allow it on breaks but not at the desk or production floor. Some would prefer you use only the workplace language period.

If you are in a country whose language is not Spanish you should speak the language of the country you are in rather than your native Spanish. Benefits include faster advancement because you communicate better, and you don't tick people off who may think you are talking about them whether you are or not. It is rude to speak a language others do not understand. Be courteous.

Answer 3

No, it's not.

You totally misunderstand the First Amendment to the Constitution of the United States. It says "Congress shall make no law...."

Your employer is not Congress.

Your employer is free to set the rules. Your employer can set a dress code. Your employer can set the hours you work. Your employer can require that you not smoke both at work and when not at work. Your employer can test you for drug use and fire you for using them. Your employer can force you to speak English while on duty.

But, there is good news. Most employment is voluntary. Unless you are under some kind of contract you are free to quit at any time.

Answer 4

First of all, it is not a first amendment issue because a private business is not bound by the first amendment. In a business setting the boss has absolute power to forbid any form of speech they want. If by speacking spanish, your bosses don't know what you are talking about, they may certainly object on the grounds that you are excluding people and tending to cause dissention among the employees.

Answer 5

If speaking Spanish is part of your job (like, you have to speak to customers or employees who ONLY speak Spanish), then it's OK.

Otherwise, what you're doing could be subversive and it might not be productive. How would they know, if they don't speak Spanish?

In business, you have to speak in what's known as a "register." This is business jargon, or special terms and language related to your job. If your job is communicating in Spanish, speak Spanish--that's part of your register.

Otherwise, keep it in English. It's not illegal to expect you to communicate a certain way in your job. You are getting paid to do certain things, after all. The First Amendment lets you say what you want in general, but unless your job requires you to speak in Spanish, your employer can require you to leave Spanish at the door.

Sucks, but unless Spanish is part of your job, leave this one alone.

Answer 6

Your boss is your boss. They hired you to work for them and they make the rules. I would say that it's only a violation if they prohibit you from speaking Spanish, but allow others to speak Italian or French. As long as the English only rule applies to everyone, I don't think you have a case. But that's just my opinion.

Answer 7

It depends on which state you're in, and what your job is. If they are afraid that you speaking spanish will somehow make their customers uncomfortable, then in many states your employer has that right. In other states, they do not.

If you're speaking spanish in a break room, where it has nothing to do with the customers, you have a stronger argument.

Answer 8

Please READ the constitution, and especially the 1st amendment if you are going to go throwing it around!

Here you go. A little head start:
CONGRESS shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

See how it says what CONGRESS may and may not do? And not what your BOSS may and may not do?

Answer 9

Not necessarily... ur boss is the one who makes the rules, and maybe he/she feels it will make customers feel better if they walk into an establishment and hear their own language (English) instead of another one. I personally think that once ur around customers u should speak English, but if ur on break or something it shouldn't matter.

Answer 10

No the companies are allowed to set in place terms of employment.