Is it against the law to only hire applicants who speak fluent English?
In some cases, yes, according to the Equal Employment Opportunity Commission (EEOC).
The EEOC recently settled a lawsuit against the Salvation Army over a company policy requiring all employees to speak English on the job. The company handbook listed “fluency in English; written and spoken” as a qualification for employment.
Due to that policy, two Spanish-speaking employees were fired after failing to learn the language while working for one of the employer’s stores.
Last week, the EEOC agreed to settle the case if the requirement was changed.
The new policy requires “an ability to speak and understand English in a manner that is sufficient for effective communication with supervisors, employees, beneficiaries and customers, based on the assumption that such individuals can only speak and understand English.”
Also, the new rule bars the company from rejecting applicants because they speak a language in addition to English.
In other words: Requiring fluency in one language is discriminatory. Hiring employees with the ability to communicate with customers, bosses and each other isn’t.
