Language access is a critical consideration for employers in today’s diverse workplaces. Recent policy shifts, such as the designation of English as the official language of the United States, have introduced new dynamics that businesses must navigate to ensure compliance and maintain an inclusive environment. This blog outlines key legal considerations and best practices for employers in light of these changes.
Understanding Recent Policy Changes
On March 1, 2025, Donald Trump signed an Executive Order 14224 (EO) designating English as the official language of the United States. The new EO rescinded Executive Order 13166, enacted in 2000, which required federal agencies and recipients of federal funding to provide language assistance to individuals with limited English proficiency (LEP). The new EO allows agencies the discretion to continue offering services in other languages but emphasizes the promotion of English for “national unity.”
Federal Guidelines
Despite the recent EO, certain federal legal protections remain unchanged:
- Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on national origin, which courts have interpreted to include language-based discrimination. This means that recipients of federal financial assistance must still provide meaningful access to LEP individuals.
- Equal Employment Opportunity Commission (EEOC) Guidance: The EEOC has advised employers that blanket English-only workplace policies may violate Title VII of the Civil Rights Act unless justified by business necessity. Employers should ensure that such policies are implemented for nondiscriminatory reasons and are limited in scope.
State and Local Considerations for Employers
In Virginia, while there is no official state mandate requiring language assistance, employers should be mindful of local ordinances and industry-specific regulations that may impose such requirements. Additionally, Virginia employers with fifteen or more employees are subject to federal nondiscrimination laws, necessitating the provision of language access services to avoid national origin discrimination claims.
Key Legal Considerations for Employers
- Workplace Policies on Language Use
English-Only Policies: Implementing English-only rules are legally permissible only if they are based on a business necessity, such as ensuring safety or effective communication in emergencies. However, overly broad policies restricting workplace language to English only may lead to discrimination claims. Employers should carefully assess the business need for such policies and document their justification. - Providing Language Support for Employees
Translation of Workplace Materials: To ensure all employees understand essential policies and procedures, translating documents like employee handbooks and safety guidelines is advisable. This practice not only promotes inclusivity but also mitigates potential legal risks associated with miscommunications.
Interpretation Services: For critical interactions, such as performance reviews or disciplinary meetings, providing interpreters can ensure clear communication and protect the employer from claims of unfair treatment. Employers should evaluate when professional interpretation services are necessary versus when bilingual staff can suffice. - Avoiding National Origin Discrimination
Hiring Practices: Requiring English proficiency should be implemented only if it is directly related to job performance. Setting unnecessary language requirements can lead to claims of discrimination. Employers should ensure that job descriptions accurately reflect the language skills truly needed for the role.
Training and Awareness: Educating management and staff on cultural competency and the importance of language access can foster a more inclusive workplace and reduce the likelihood of discriminatory behavior.
Best Practices for Compliance
- Assess Workplace Language Needs: Conduct a thorough assessment to identify the languages spoken by employees and determine where language support may be necessary. This proactive approach helps in allocating resources effectively.
- Develop Clear and Inclusive Policies: Craft language policies that are clear, justified, and communicated to all employees. Policies should be reviewed regularly to ensure they comply with current laws and reflect the organization’s commitment to inclusivity.
- Leverage Technology and Professional Services: Utilize translation and interpretation technologies where appropriate but recognize the limitations of automated services. For complex or sensitive matters, engaging professional language services is recommended to ensure accuracy and cultural appropriateness.
Conclusion
Navigating language access in the workplace requires a balance between compliance with legal mandates and the promotion of an inclusive work environment. Employers should stay informed about policy changes, such as the recent EO designating English as the official language of the U.S. and understand how these changes impact their obligations. By implementing thoughtful language policies and providing necessary support, businesses can enhance communication, foster inclusivity, and mitigate legal risks.
For personalized guidance on developing language access policies that comply with current laws and promote a cohesive workplace, please contact Doug Taylor at (703) 525-4000 or rdougtaylor@beankinney.com.
This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the authors and are not necessarily the views of any client.