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In most circumstances, employees' communications in languages other than english should not be limited to only those official functions for which they were hired An employer may have a rule requiring that employees speak only in english at certain times where the employer can show that the rule is justified by business necessity. A rule requiring employees to speak only english at all times in the workplace is a burdensome term and condition of employment

The primary language of an individual is often an essential national origin characteristic. Equal employment opportunity commission (“eeoc”) regulations make clear any rule requiring employees to speak only english at all times in the workplace constitutes a “burdensome term and condition of employment,.” 29 c.f.r A blanket rule that forces employees to speak only english at all times is presumed illegal under eeoc guidelines

Because a person’s primary language is often deeply tied to their cultural and ethnic identity.

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