Please help with legal question regarding discrimination.?

Question

I would like to know if it is considered discrimination to ask all employees to speak only English while conducting company business?

We have two employees who English is their 2nd language. We have NO problems with them speaking their native language on their lunch breaks, while in each others office etc.

However they continuously speak their native language to each other throughout the day, in the hall (we have a small corridor for our department) and between offices.

Is it Discrimination if the manager were to ask them to only speak English during work hours, other than their lunch breaks and personal conversations?

Thank you in advance!

Answer 1

I would imagine that they're talking in their native language if its not work related. No one talks about work related things absolutely all day. I would like to know if that is discrimination.. thats an interesting question actually

Answer 2

Discrimination is based solely on based on race, color, religion, s*x, national origin, disability, or age.  Meaning the employer could not fire them because of where they are from but he can let them go for not following office policy.  If it is company policy to only speak English in the office they can be terminated. Though it is still a gray area...Some courts have said that discrimination based on language is a form of national origin discrimination because primary language is closely related to the place a person comes from. So if you are being discriminated against for using that language, or because of characteristics having to do with that language, that is considered essentially the same as if you were being discriminated against because of your national origin. This area of the law is still developing, however, so you should also consult with a local attorney for more information.