(A) Accents.
An adverse employment decision based on foreign accent is
permissible only if an individual's accent materially interferes with the
ability to perform job duties. This assessment depends upon the specific duties
of the position in question and the extent to which the individual's accent
affects his or her ability to perform job duties. Employers should distinguish
between a merely discernible foreign accent and one that interferes with
communication skills necessary to perform job duties.
(B) Language Fluency.
(1) An English fluency requirement is
permissible only if required for the effective performance of the position for
which it is imposed. An employer shall not require a greater degree of fluency
than is necessary for the relevant position.
(2) A foreign language fluency requirement,
as with English fluency requirements, must actually be necessary for the
positions for which they are imposed.
(C) English-Only Requirements.
(1) Because an individual's primary language
is often an essential national origin characteristic, workplace policies
requiring employees to speak only English on the job are discouraged and are
presumed to create a discriminatory environment based on national
origin.
(2) An English-Only policy
that is in effect only at certain times in the workplace is permissible when
the employer can demonstrate a business necessity for such a policy. An
English-Only policy is justified by business necessity if it is needed for an
employer to operate safely or efficiently. Before adopting an English-Only
policy, an employer should consider whether there are any alternatives that
would be equally effective in promoting safety or efficiency. The following are
examples in which business necessity may justify an English-Only rule:
(a) For communications with customers,
coworkers, or supervisors who only speak English;
(b) In emergencies or other situations in
which workers must speak a common language to promote safety; or
(c) For cooperative work assignments in which
the English-Only rule is needed to promote efficiency.
Notes
3 CCR 708-1-70.2
37
CR 22, November 25, 2014, effective
12/15/2014
43
CR 12, June 25, 2020, effective
7/15/2020
45
CR 01, January 10, 2022, effective
1/30/2022
46
CR 04, February 25, 2023, effective
3/30/2023
46
CR 23, December 10, 2023, effective
12/30/2023