Can You Be Fired For Speaking Spanish At Work?
Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203
Speaking a second language is a highly valued skill that can potentially play a pivotal role in workplace efficiency. However, being multilingual can sometimes lead to discrimination. Should an employee get terminated for speaking Spanish or any other language at work, it is important to understand the laws and that they take prompt action.
While it might appear to be a straightforward issue, there are specific legal nuances and guidelines that could, in certain circumstances, permit employers to terminate employees for speaking Spanish or another language.
Is It Legal to Fire Someone for Speaking Spanish?
Generally speaking, firing someone for speaking Spanish is widely considered to be unethical and unlawful. According to Title VII of the Civil Rights Act of 1964, it prohibits employers from exhibiting any workplace discrimination on the basis of race, color, sex, religion, and national origin. As a result, language is widely considered as an aspect of national origin and thus protected under Title VII.
However, there are some instances when an employer can fire or penalize employees for solely speaking Spanish because it becomes a detrimental aspect of running an efficient business. While it may seem to be unlawful, it is allowed, because businesses are allowed to implement practices necessary for their business to operate.
For example, if a workplace policy requires employees to speak English for safety or operational reasons, then it is reasonable for somebody to be fired for strictly speaking Spanish.
When Are English-Only Policies Allowed?
English-only policies in the workplace are generally disfavored, but can be legal in very limited circumstances. According to California Government Code 12951, the act to enforce or adopt a policy that limits or prohibits the use of any language in the workplace is illegal. The only exceptions are if it fulfills a business necessity, such as ensuring workplace safety, promoting effective communication, or even ensuring operational efficiency.
If an employer implements an English-only policy that does not fulfill a business necessity, and serves a personal preference with discriminatory intentions, then it is unlawful and employees who are victimized are recommended to consult with an employment attorney.
Steps to Take if An Employee Has Been Fired for Speaking Spanish
If an employee believes that they have been unlawfully terminated or discriminated against for speaking Spanish at work, it is vital that they follow the following steps.
- Document the Incident
- Record the date, time, and location of the incident.
- Note what was said or done, including any comments made by supervisors or coworkers.
- Gather any written communication, such as emails or memos, that reference the language policy or incident.
- Review Your Employer’s Policies
- Obtain a copy of the employer’s handbook or written policies. Look for any language-related rules or codes of conduct.
- Assess whether the policy has been applied consistently, and whether it is justified by a business necessity.
- Contact the EEOC
- File a complaint with the EEOC should the employee believe that their termination or treatment was discriminatory.
- Be mindful of deadlines. Complaints must typically be filed within 180 days of the discriminatory act, though this may be extended to 300 days in some cases.
- Consult an Employment Lawyer
- An attorney specializing in employment law can evaluate a case, advise affected individuals about their rights, and help navigate the legal process.
What Compensation Employees Could Receive?
Should an employee be fired for speaking Spanish, they could pursue legal action for language discrimination. With a talented and dedicated employment lawyer handling the case, the fired employee can be awarded compensation such as back pay, emotional distress, reinstatement, and possibly even punitive damages.
In addition, the individuals who were responsible for the firing may face actionable consequences such as demotion, termination, and may be required to revise any discriminatory policies to deter any future violations. With that in mind, it is vital that employees who were fired for language discrimination consult with an experienced attorney in order to get a better grasp of their situation.
What Should You Do If You Were Fired For Speaking Spanish?
Employees who were fired for speaking Spanish may have the right to take legal action against their employer and seek compensation for their damages. Lawyers for Justice, PC is a top-rated law firm that is committed to fight for people who have experienced language discrimination. As a result of their talented legal team, they are confident that they can get workers the justice and compensation they deserve.
Contact (818) 647-9323 today for a free case consultation.
Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203