Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
A bill introduced this week would guarantee employers the right to implement English-only policies in the workplace. Introduced by Rep. Tom Price (R-GA) and co-sponsored by 34 others, the Common Sense English Act (H.R. 1588) would amend the Civil Rights Act of 1964 by adding the following provision:
(o) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to require employees to speak English while engaged in work.
Earlier this month, the United States Commission on Civil Rights (USCCR) re-opened the period for public comment on English-only policies in the workplace. On December 12, 2008, the USCCR held a briefing on this issue. According to the USCCR, the goal of the briefing was to examine whether employers have the legal authority to specify English as the official language of the workplace. The Equal Employment Opportunity Commission has taken the position that English-only policies risk national origin discrimination – a position that was heavily criticized by business interests during the Dec. 12 briefing.
The Common Sense English Act has been referred to the House Committee on Education and Labor.