Is it against labor laws to ask your employees to speak English in the office?

Question

I have 2 employees that are Hispanic and for the record so am I. But they speak spanish to each other all day and I have asked them to stop because they are offending the other employees and the President of the Company. Is that wrong?

Answer 1

You should be OK in pointing out that their speaking Spanish is considered rude by everyone else in the office and you can suggest that the use English, but before insisting, check with the EEOC (Equal Employment Opportunity Commission)
eeoc.gov
Depending on the job there could be legal repercussions.
http://www.eeoc.gov/policy/docs/national-origin.html#VC

Answer 2

Actually, yes it could be . The court has already voiced an opinion on this. While you can control the language spoken to customers, you have no control over the language the employee uses in private conversations.

The Business exception rule applies only to a business case for the rule that employees speak English only.

the U.S. District Court for the Southern District of Florida has recently addressed the issue of an employer requiring that employees speak only English. In Prado v. L. Luria & Son, Inc. (Luriaâs), decided in April of this year, the court held that "an English-only rule by an employer does not violate Title VII [of the Civil Rights Act] as applied to bilingual employees as long as there is a legitimate business reason for the rule."

also, under EEOC guidelines, Prohibiting employees at all times, in the workplace, from speaking their primary language or language they speak most comfortably, disadvantages an individual's employment opportunities on the basis of national origin. The EEO Commission presumes that such a rule violates Title VII. An agency may have a rule requiring that employees speak only in English at certain times where the agency can show that the rule is justified by business necessity. If the agency believes it has a business necessity for a Speak-English-only rule at certain times, the supervisor should inform its employees of the general circumstances when speaking English only is required and of the consequences of violating the rule.

Where an employee whose primary or first language is not English establishes that the agency has a Speak-English-Only rule in effect at all times, this will constitute a prima facie case of national origin discrimination. Where the "Speak English Only" rule permits the use of a foreign language during breaks and lunchtime, it will not automatically be found burdensome but will be closely scrutinized under the business necessity justification. The business purpose must be sufficiently compelling to override any racial impact; the challenged practice must effectively carry out the business purpose it is alleged to serve; and there must be available no acceptable alternative policy or practice which better accomplishes the business purpose.

The point here is that while you can establish a business need for speaking only English, that business rule cannot interfer with the employee's private time or relationships while not 'on the clock'.
in accordance with 29 CFR 1606.7:

A rule requiring employees to speak only English at all times in the workplace is a burdensome term and condition of employment. The primary language of an individual is often an essential national origin characteristic. Prohibiting employees at all times, in the workplace, from speaking their primary language or the language they speak most comfortably, disadvantages an individual's employment opportunities on the basis of national origin. It may also creates an atmosphere of inferiority, isolation and intimidation based on national origin which could result in a discriminatory working environment. The EEO Commission will presume that this rule violates Title VII and will closely scrutinize it.

Answer 3

No, not at all. My father-in-law used to work for Social Security and when he had complaints from the public, he had to make it an english speaking office only among employees. People thought rude comments were being made about them when the people behind the counter would talk to each other in spanish. It may sound racist, but it brought the complaints to a halt.

Answer 4

theres nothing wrong with that, but there is no labor law that allows you to force your employees to speak english in the office. of course there is also no labor law that allows them to speak a different language in the office, unless their job requiers it. so, case in point, this all depends on what your employees are working on in the office.

Answer 5

No, you can not fire them just because they are speaking trash about your employer. Yes you could ask them for a favor and tell them to stop talking trash and talk in English but this is the United States of America and people have a right to say whatever they want to say and whoever it is about. ofcourse there will be consequences when they are wrong.

Answer 6

No. It is not discriminatory to insist on them speaking english. It would be wrong to fire them for being hispanic, but that is different.

Answer 7

Not at all.

And you'd be doing them a favor by asking them to stop or else they might get fired.