English-only policies in the workplace are not new. The first reported case involving an English-only policy
occured in Texas in 1979. Since that time, numerous employers have either adopted or considered adopting
such policies. While employers can identify benefits of having an English-only policy, such a policy may expose
an employer to claims of national origin discrimination. Applicable case law and regulations are complex and in
some cases inconsistent. This article provides a brief overview of the regulations surrounding English-only
policies, court decisions that define what constitutes a business necessity, and recent developments relating to
English-only policies in the workplace.
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