[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1606.7]

[Page 209]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1606_GUIDELINES ON DISCRIMINATION BECAUSE OF NATIONAL ORIGIN--Table of Contents
 
Sec. 1606.7  Speak-English-only rules.

    (a) When applied at all times. 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 
create an atmosphere of inferiority, isolation and intimidation based on 
national origin which could result in a discriminatory working 
environment. \7\ Therefore, the Commission will presume that such a rule 
violates title VII and will closely scrutinize it.
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    \7\ See CD 71-446 (1970), CCH EEOC Decisions ] 6173, 2 FEP Cases, 
1127; CD 72-0281 (1971), CCH EEOC Decisions ] 6293.
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    (b) When applied only at certain times. An employer may have a rule 
requiring that employees speak only in English at certain times where 
the employer can show that the rule is justified by business necessity.
    (c) Notice of the rule. It is common for individuals whose primary 
language is not English to inadvertently change from speaking English to 
speaking their primary language. Therefore, if an employer believes it 
has a business necessity for a speak-English-only rule at certain times, 
the employer should inform its employees of the general circumstances 
when speaking only in English is required and of the consequences of 
violating the rule. If an employer fails to effectively notify its 
employees of the rule and makes an adverse employment decision against 
an individual based on a violation of the rule, the Commission will 
consider the employer's application of the rule as evidence of 
discrimination on the basis of national origin.

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