Dear ______________

	I am writing you to express my concern about the “English-only” rule in our workplace.  This rule adversely affects minority employees who, like myself, speak a primary language other than English.  I am asking that you seriously consider withdrawing the policy.

   	Because English-only rules burden only certain racial and ethnic groups, they are likely to violate Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (FEHA), and other civil rights statutes.  In addition, the FEHA was recently amended to prohibit employers from requiring their employees to speak only in English without a valid business necessity, and without giving them adequate notice. “Business necessity” means “an overriding legitimate business purpose” such that:
   
1. the English-only rule is necessary to the safe and efficient operation of the business;
2. the rule effectively fulfills the business purpose it is supposed to serve; and
3. there is no alternative to the rule that would accomplish the same purpose equally well with a less discriminatory impact.

	English-only rules are divisive and alienating for non-native English speakers.  Situations where workers feel constantly monitored, nervous, and afraid to speak in languages other than English often lead to the type of “hostile work environment” that violates the law.  The law requires employers to take effective steps to eliminate such harassment based on language and national origin.

	Although third parties who overhear a conversation in a language they do not understand might assume that they are being talked about, this is usually not the case, and it is not the case in our workplace.  But even if there is a genuine concern about employees speaking badly about each other, employers can impose an even-handed policy that would prohibit derogatory speech about co-workers in any language, and which could be enforced in a non-discriminatory way that would not affect all speakers of any given language regardless of their actual behavior.  For instance, offending employees could be separated and individually disciplined.

	Because of the kind of the work that I, and others like myself, perform at our workplace, I do not believe that an English-only rule is needed here.  In fact, prohibiting employees from speaking to each other in languages in which they can communicate more quickly and accurately can actually make our work less efficient.

	To ensure a discrimination-free environment in our workplace, I respectfully ask that you promptly issue a written policy stating that employees here are free to speak to each other in any language.

	I look forward to hearing from you at your earliest opportunity.  Thank you very much for your consideration of my concerns.

							Sincerely,

WORKPLACE ENGLISH-ONLY RULES IN CALIFORNIA


