Legal Question in Employment Law in California

An employer may require English only on the job, so make your case to the employer.

Mr. Nelson appears to be wrong to the extent he places no limitations on an employer's "English-only" policy. Instead, California law (Government Code section 12951) states it is unlawful for an employer to have a policy that limits or prohibits the use of any language in the workplace unless 2 conditions are met: (1) the policy is justified by a "business necessity" and (2) the employees have adequate notice of the restrictions, including the time when the language restriction must be observed and of the consequences for violating the language restriction.

Unfortunately, it is difficult to define the term "business necessity," but it could be interpreted broadly or narrowly. At this point, I cannot find an interpretation of this term under California law. Regardless, I recommend an employer be careful when adopting such a policy. Definitely speak with a lawyer who specializes in employment discrimination before adopting or enforcing such a policy.