The HR Guy welcomes your employment related questions at hrguy@staff.vault.com. Due to the high volume of inquiries, not all questions will be selected to appear in Vault.com's HR newsletter.

Dear HR Guy,

I work for a company where the majority of the employees are Asian (Chinese) including the CEO. There have been complaints from non-Asian employees about the fact that the Asian employees are always speaking Chinese even while conducting meetings. This makes them very uncomfortable. Are there laws or rules about speaking English in the workplace?

Signed,
Language Barrier

Dear Language Barrier,

This is actually a very common problem, although the complaint usually goes the other way: non-English speaking employees complain about laws that require them to speak English, even when it is not business-related.

In fact, the courts recently struck down an English-only policy that a Texan employer implemented. Ruling in favor of the EEOC, the courts said that the policy, which required all employees to speak English at all times, including during lunch and other breaks, violated Title VII of the Civil Rights Act of 1964.

An English- (or any other language-)only policy on business matters is another matter. Where English is necessary for business purposes, employers have the right to require employees to speak in English when conducting business (i.e. while not taking breaks). Title VII bans discrimination based on national origin, which often goes hand in hand with language. In your case, a Chinese employer cannot discriminate against someone who is American, but he can require his employees to speak Chinese in business matters where the speaking of Chinese is a reasonable requirement.

How does this relate to your particular situation? By speaking Chinese in meetings where not all employees understand Chinese, your employer is excluding certain employees from conducting routine business. The employees have the right to ask that a common language all employees can understand be spoken in meetings. If a common language doesn't exist- if some employees don't speak English, and others don't speak Chinese- there should be a translator present at all meetings or functions in which business will be conducted.

Discontent employees should first speak with HR, who should outline the problem to upper management. If a solution is not reached, and employees feel they are being discriminated against, they have the legal right to make a complaint to the NLRB (National Labor Relations Board). The NLRB is mandated by law to investigate any and all complaints. A hearing will be set and the complaint will be thoroughly checked out and a verdict reached.

Good luck!

HR Guy

"Vault.com Inc. ("Vault") makes available the information and materials on this site (the "Materials") for informational purposes only. While we hope and believe the Materials will be helpful as a background matter, we cannot warrant that the Materials are accurate or complete. Moreover, the Materials are general in nature, and may not apply to particular factual or legal circumstances. In any event, the Materials do not constitute legal advice and should not be relied on as such. Therefore, if you want legal advice, please consult a lawyer. VAULT DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE."