English-Only Rules and National Origin Discrimination

National origin discrimination means treating someone in a negative fashion due to where they come from, their ethnic background, or their accent. Protections also apply to perceived national origin, which simply means that if you are not of a distinct national origin but somebody thought you were and discriminated against you, the law offers you protection. Also, the protections apply to those who are married to somebody subject to national origin discrimination or perceived national origin. At the present time, sexual orientation is not included in the discrimination protections.

One thing that you must be aware of is that employment discrimination laws have very strict time limits and action against an employer must be taken swiftly. The Equal Employment Opportunities Commission (EEOC) is the federal agency that handles these types of complaints. In addition to the EEOC, many states have Human Rights Commissions that operate in a similar fashion. In order to file a lawsuit, a person is required to obtain a right to sue letter from either the EEOC or the state human rights commission.

Native Americans

Native Americans are considered a distinct nationality for purposes of applying national origin discrimination protections.

Federal Law

Title VII Protections

• Employment decisions
• Harassment
• Language
• English only rules

English Only Rules

Like any other employer policy, English-only rules must be adopted for nondiscriminatory reasons. An English-only rule may be used if it is needed to promote the safe or efficient operation of the employer's business. In addition, an English-only rule if lawfully adopted is still limited to those circumstances for which the employer required the rule. Finally, remember that if you are discriminated against by a labor union, you may be able to file a discrimination action against the union.

English-only rules are generally accepted for the following purposes:

• To communicate with co-workers, supervisors, or customers
• To promote safety in the workplace
• To promote efficiency in cooperative work assignments
• To monitor employees that come in contact with other workers or customers
• Business justification, or it's necessary for the business
• Emergency situations

Enacting an English-Only Rule

Before enacting an English-only rule, an employer should be certain that all affected employees are notified about the rule and the consequences of a violation. Notice may be by any reasonable method and may be required to be in more than one language. Also, employees should be given a grace period before the rule applies to them.

Legal Status

If a non-citizen is legally working in the United States, the national origin discrimination protection applies to them. If a person is here illegally, the protection is somewhat limited.

Protections for non-citizens are included in provisions of the following Federal laws:

• Immigration Control and Reform Act of 1986 (IRCA)
• Fair Labor Standards Act (FLSA)
• Special or employment visas.

How a Lawyer Can Help

Sometimes people are afraid to come forward with charges of discrimination because they believe that if they do so they will be subject to additional discrimination. Talking with a lawyer may help because you will become aware of your rights, and nobody will have to find out. Labor and employment or civil rights lawyers have a wealth of knowledge of the laws and their application to national origin discrimination. Talking to a lawyer will give you the knowledge you need to make an informed decision about your situation.

Questions for Your Attorney

• Have I been discriminated against based on my national origin?
• Was my employer's English-only rule properly enacted and justified?
• Is any discrimination against me actionable under Title VII?
• How should I proceed?
• May I file an action against my union or only my employer?
• Will I be able to obtain a right to sue letter?