Preventing Employment Discrimination FAQ

Questions:

• What forms of discrimination are illegal in the workplace?
• Do antidiscrimination laws apply to small businesses?
• What should I do if an employee complains about discrimination?
• Are English-only rules legal?
• Which disabilities are covered under the Americans with Disabilities Act?
• If an employee reveals genetic information to a supervisor, do we have an obligation to keep it confidential?
• Can we require employees to follow a dress code?
• Do I have to give an employee time off for religious observances?

Answer:

Are English-only rules legal?

It depends on the purpose and scope of the rule. An employer may be able to prohibit on-duty employees from speaking any language other than English if it can show that the rule is necessary for business reasons. If your company has an English-only rule, you must tell employees when they have to speak English (for example, whenever customers are present) and the consequences of breaking the rule.

For information on national origin discrimination, including the rules on English-only rules and accent discrimination, see Nolo's article Avoiding Discrimination Based on Race and National Origin.