Many workers across New York, particularly in restaurants, construction, and service jobs, speak Spanish or other languages on the job. For many, using their native language is the easiest and most natural way to communicate with coworkers, get work done efficiently, and feel comfortable at work. However, some employers enact English-only rules in the workplace to stop employees from speaking their native languages. In many instances, these English-only policies are unlawful. Blanket policies or practices prohibiting the speaking of a language other than English on an employer’s premises at all times violate the prohibition in Title VII of the Civil Rights Act of 1964 (“Title VII”) and New York State Human Rights Law (“NYSHRL”) against discrimination based on national origin.
Language is an essential part of a person’s identity, and being prohibited from speaking one’s native language—especially in a workplace where many employees share that language—can be isolating, humiliating, and discriminatory. Title VII and NYSHRL protect employees from such unfair and demeaning workplace policies. Federal and state laws prohibit workplace discrimination based on national origin, which includes characteristics tied to a person’s identity, such as their culture and native language. The Equal Employment Opportunity Commission, the agency that enforces federal anti-discrimination laws, has issued a guidance stating that blanket English-only policies or practices that prohibit employees from speaking their native language—even during breaks, meals, or private conversations—are presumed to violate Title VII.
English-only rules may also be found discriminatory when:
- The policy is enforced only against certain groups, which may constitute intentional discrimination. For example, when such rules target only Spanish-speaking employees.
- When a supervisor singles out or disciplines workers for speaking their native language.
- Workers are told “speak English” or “this is America.”
Not all language restrictions in the workplace are considered unlawful. Employers may require employees to only speak English at certain limited times if the employer can show that such a rule is “justified by business necessity.” Situations in which courts have found that a business necessity would justify an English-only rule include communications with customers, coworkers, or supervisors who only speak English; situations in which workers must speak a common language to promote safety; cooperative work assignments in which the English-only rule is needed to promote efficiency; and to enable a supervisor who only speaks English to monitor the performance of an employee whose job duties require communication with coworkers or customers.
A recent case filed by our attorneys in the Federal Court for the Eastern District of New York explores when English-only policies in the restaurant industry can be found discriminatory. In Coronel v. Ulta Water Mill Towd LLC et al., Coronel alleges that his employers subjected him to illegal national origin discrimination and a hostile work environment by imposing a ban on speaking his native language, Spanish, while working at Dero’s Food & Family (“Dero’s”), a restaurant in Hampton Bays. Coronel alleges that in early August 2025, one of his employers, Andrew DeRobertis, approached him and “instructed him not to speak Spanish in the restaurant.” Coronel further alleges that DeRobertis texted him that the “no Spanish policy is a good thing.” DeRobertis allegedly also told Coronel on different occasions that “this is America … you have to speak English if you want to be here” and to “grow up, it’s America or leave.” In addition to his discrimination claims, Coronel also brings wage and hour claims against his employers, who allegedly failed to pay him for overtime hours worked during a workweek.
If you believe your employer’s language policy may be discriminatory or have questions about your rights as a worker, contact the attorneys of Pechman Law Group at 212-583-9500.
