Legal Question in Discrimination Law in New York

Re: English Only

In this day and age people can and will do anything. I think what you want to know is can he get away with it. The answer is "it depends."

It is discrimination. But depending on the context, say if you are a salesman in a store and the customers don't speak your language, also, then it becomes a reasonable request.

I have a client right now who was told not to speak spanish to another spanish speaking person.

Why? They are trying to get him to quit.

Discrimination in a vacuum is not sufficient to warrant remedial action. It must be a major incident, or many minor but continuous incidents, that have an emotional impact and can't be shrugged off by a reasonable person.

Coupled with adverse personnel action such as discharge, you might have a Title VII or EEOC claim ( or the State equivalent.) see NY Exec Law 296 etc.

Re: English Only

PS. When asked to translate what by whom?

Re: English Only

I am sorry you are working in a hostile work environment. The employer has the right and the power to establish the rules of the workplace.

In the United States, unlike countries like Cananda (French/English), Switzerland (French/German/Italian, and Israel (Hebrew/Arabic), there is only one official or legal language.

This incident indicates to me that you work in a hostile environment. However, we need more information to conclude the environment is discriminatory and in violation of law. I would look to employee evaluations, promotions, and work privileges to find further support.

If this is only one incident among many of anti-Hispanic behavior, then you have a case. Otherwise, the law entitles even supervisors to act like jerks.