Requiring Fluent English can be Discrimination
In many cases, it makes sense to require employees to communicate effectively and clearly in English. The EEOC is warning that overly broad policies may violate national origin discrimination law. While it is clear that you can require a bank teller or salesperson to speak fluent English, the same does not apply to construction workers or even computer programmers. Requiring English may only be required for the effective performance of the position. Bottom line: Do not require a greater degree of fluency than necessary for the job. Be sure that you can identify a legitimate business reason such as safety or communication with customers. For EEOC guidelines on English only policies go to www.eeoc.gov/origin.