Natural foods chain Whole Foods faces allegations that it punished two Hispanic employees in New Mexico for speaking Spanish, in violation of the company's English-only policy. Faced with a potential boycott and a petition asking the company to rescind its English-only policy, Whole Foods revised the policy.
Previously, the policy stated that employees must speak English
"if you speak English and are in the presence of
customers." Conversations with co-workers were required to be
in English "any time you are on the clock and discussing
work-related tasks or subjects."
In response to the allegations, Whole Foods co-CEO Walter Robb
stated that the two employees received one-day suspensions for
unacceptable workplace behavior, not for speaking Spanish. Robb
apologized for the policy's lack of clarity and said that the
allegations had prompted the company to reevaluate its language
policy.
The revised policy states: "When speaking with customers or
fellow Team Members, please make sure you are sensitive to others
who may want to join your conversation or ask you a question. If
needed, switch to a common language to be inclusive and respectful.
Workers still are required to converse in English with shoppers
unless requested otherwise by the customer."
Whole Foods' original language policy risked running afoul of
federal law. An EEOC regulation, 29 C.F.R. § 1606.7, provides
that a rule requiring employees to speak only English "at all
times" in the workplace is a burdensome term and condition of
employment and a presumptive violation of Title VII. The EEOC has
stated that rules requiring employees to speak only English in the
workplace violate the law unless they are reasonably necessary to
the operation of the business. English-only rules should be limited
to the circumstances in which they are needed for the employer to
operate safely or efficiently.
Employers should take care in crafting workplace language policies,
especially when those policies may be applied to employees on
breaks, not performing job duties, or engaging in casual
conversations. As always, employers should make sure that their
policies are clear and are clearly communicated to employees.
Originally published on the Employer's Law Blog
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