Submitted by Anonymous on Fri, 09/30/2011 - 08:39
I have been working for my company for about 6 months now. However we have just moved into a new office. There are only 3 of us here and I am the only one who does not speak another language. The others are always speaking in their native tongue, which I do not understand, and it makes for a very uncomfortable work environment. Recently they have been interviewing for another position and the person they hired speaks in their native tongue too. They do it in front of me all the time which makes me feel like they are talking about me. Is there anything I can do?
English only policies in MA employment
That sounds like a difficult work environment, very isolating. However, I don't know of any legal recourse for the problem. We are, after all, talking about employees speaking their own language at work in a way that is neither regulated nor encouraged by the employer. You could argue that the workplace might function more efficiently and harmoniously if all employees spoke the same language, but employers are wary of English only policies.
English only policies are legal in Massachusetts if implemented properly and used for legitimate reasons. In one federal case, Cosme v. The Salvation Army, 284 F.Supp.2d 229 (D. Mass. 2003), the employer had an English only policy that required employees to speak English at work, as best they could. However, the policy made exceptions for breaks, meal periods, and periods when the employees were at work but not yet working, such as before or after shifts. The federal court approved the policy because it found that the employees were given proper notice of the policy in the employee handbook and because the employer demonstrated a legitimate business reason for the policy. The employer argued that the policy fostered communication between coworker and between employees and their customers and supervisors, all creating a more efficient work environment. This and other federal cases place a burden on employers to consider other feasible alternatives before going to an English only rule.
The Massachusetts Equal Employment Opportunity Commission takes a similar approach to English only policies on the job and presumes such policies violate the law. (Both state and federal law prohibit employers from discriminating based on race or national origin.) The EEOC, like the federal court, believes that English only policies may be implemented by employers only if they are required by a business necessity, such as promoting safety, or enhancing communication with co-workers, supervisors and customers. Given that level of scrutiny, employers often hesitate to use such policies. I know that doesn't help you at all, but hopefully it helps explain the situation. Good luck.