English-Only Policy
(Language Policy) (MA)

Summary

This template is an English-only policy for use by an employer in Massachusetts to require employees to communicate in English under certain circumstances. This template includes practical guidance, drafting notes, and an optional clause. This template may be useful for employers in: (1) facilitating relations with English-speaking customers; (2) promoting effective communication between employees and supervisors; (3) allowing supervisors to more easily gauge employee performance; (4) promoting employee morale and unity; (5) enhancing workplace safety and preventing injuries; and (6) improving the quality of products and services. While Title VII of the Civil Rights Act of 1964 (Title VII) does not expressly prohibit discrimination on the basis of native language, due to the disparate impact such policies can have on foreign-born employees, English-only policies are often the source of discrimination claims. While such policies may be suspect, they typically will not be found unlawful if the employer can show that they are job related and consistent with business necessity. 29 C.F.R. 1606.7. To meet the burden of establishing business necessity, the employer must present detailed, fact-specific, and credible evidence showing that the language-restrictive policy is necessary to safe and efficient job performance or safe and efficient business operations. See EEOC Enforcement Guidance on National Origin Discrimination (see Section V.C.3.d). As such, you should further craft this template to narrowly tailor these policies to particular job positions, times, circumstances, and work areas where speaking English serves a legitimate business need, such as by improving safety, promoting customer service, or enhancing employee supervision. Employers may include this policy in an employee handbook or distribute it as a standalone policy. It has been customized to comply with Massachusetts and federal law. As a result, the text of this template does not differ from the non-jurisdictional English-Only Policy ("Language Policy") template, except that the practical guidance, drafting notes, and optional clause address issues under both Massachusetts and federal law. For information and guidance on English-only policies, see English-Only Policies: Key Considerations for Drafting and Compliance.