Addressing Language Discrimination in California: Language Rights in the Workplace
Language discrimination occurs in many forms in the workplace. As a California worker, you may face unwanted situations in the workplace if you have a different native language other than English. In such scenarios, you hold the legal right to stand against the unfair treatment of your employer. If you are wondering to know more about your language rights in the workplace, this is the best place for you. Keep reading to know the details of California language discrimination law.
What are the signs of language discrimination?
- You are treated differently because of your language skill
- You face taunt in the workplace because of your native language
- Your employer does not consider you for a better position just because your English is not good enough
- You do not get access to business services because you lack proficiency in English
- Your workplace imposes the “Speak English Only” policy but you have another primary language
- You face adverse treatment in the workplace because of your accent of English
The legality associated with language discrimination
There is no distinguished California language discrimination law for language discrimination in the workplace. However, there are both federal and state laws that protect employees from workplace discrimination based on national origin. The native language of someone is inextricably linked to his or her national origin and the identity of the ancestors. That is why language discrimination is considered under the category of national origin discrimination. In this way, the California Fair Employment and Housing Act provides protection for employees against national origin discrimination and language discrimination.
Am I entitled to speak only English at work?
Generally, your employer is legally restricted to enforcing a “Speak English Only” policy in the workplace which creates a hostile work environment for the employees. But there are some exceptional situations when your employer may induct this policy. Such as:
- Your employer may require you to speak only English at work if there is a job-related necessity.
- When there is no alternative way of achieving the business goal without the “Speak English Only” policy, your employer can require you to speak English at work.
The above situations will not be considered illegal and fall under language discrimination. However, if your employer enforces the policy on a particular group at work and spares others, it will be illegal then.
What can I do if I face language discrimination?
If you think that you may have been facing language discrimination in the workplace, you may file a charge of language discrimination with law enforcement agencies. You may file the complaint with the Equal Employment Opportunity Commission (EEOC) when your employer has 15 employees. Alternatively, if your employer has at least 5 employees, you may file the charge with the California Civil Rights Department (CRD) within three years of discrimination.
Final Words
To summarize, language discrimination may occur in the cases of the “Speak English Only” policy of the company or when you lack expertise in English. You need to be aware of California language discrimination law to tackle all these situations. Hopefully, this article will be useful for you in this regard.
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