English-only rules in the workplace scrutinized

  • Published
  • By Bradley Neff
  • 6th Air Mobility Wing Equal Opportunity specialist
MACDILL AIR FORCE BASE, Fla. --  From its inception, the United States has been a multilingual nation-- where it is not unusual to hear as many as 20 different languages being spoken.

Just as languages other than English have been a part of our history and culture, debate over establishing a national language dates back to our country's beginnings. Most proposals have been rejected as undemocratic and a threat to individual liberty; some say they are contrary to the spirit of tolerance and diversity embodied in our Constitution.

It is the Equal Employment Opportunity Commission's position that rules requiring employees to speak only English in the workplace at all times, including breaks and lunch time, will almost never be justified by business necessity. AFI36-1201, Chapter 1, 1.1.3 states the operational language of the Air Force is English. Air Force personnel must attain sufficient proficiency in English to perform their official duties. Taking into consideration MacDill AFB and its varied mission requirements, an example of why English is important would be for safety reasons, such as effective communication during a fire.

An English-only rule on MacDill can only be justified if the agency can show that the rule is job-related and consistent with business or mission necessity.

English-only rules might be justified in work situations requiring close coordination among employees, particularly where a communication failure could result in injury to persons or damage to property. Examples on MacDill could include fire fighting, using dangerous equipment or working with dangerous substances, working in a laboratory, on the flight line, construction site or other locations where accidents or emergencies are possible. Business necessity may require employees speak English while assisting customers or clients who speak English. Of course, if a customer speaks another language and cannot understand English, an English-only rule would not apply.

An example could be a military or civilian spouse who on occasion conducts business on behalf of their sponsor and are not fluent in English. Effective communication between supervisors and subordinates may require an English-only rule be imposed for those interactions.

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 is common for individuals whose primary language is not English to inadvertently change from speaking English to speaking their primary language. Therefore, if an agency believes it has a business or mission necessity for an English-only rule at certain times, the agency should inform its employees of the general circumstances when speaking only English is required and the consequences of violating the rule.

Questions concerning English-only rules can be directed to the 6th Air Mobility Wing Equal Opportunity Office at 828-9205 and or 6th AMW Judge Advocate at 828-4422.