Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistLJN NewslettersNewsSections

Overreaching English-Only Policies Spell Trouble for Employers

BY Delyanne Barros
January 30, 2012

In May 2011, eight Hispanic employees of the City of Rochester, NY, filed an action against the City, among other defendants, for implementing a sweeping English-only policy that prohibited Spanish from being spoken at all times, including breaks and whether it was within or outside the presence of non-Spanish speaking employees. (See Rodriguez v. City of Rochester, No. 6:11-cv-06256-MAT (W.D.N.Y. 2011).) According to the complaint, the employees' manager told them, “if you want to speak Spanish, do it at home and not at the workplace.” (Id.)

Legal Background

Rochester is a thriving economic metropolitan city, home to heavy-hitting corporations such as Xerox, Kodak, GM, and Bausch & Lomb. According to the 2010 census, it is the third largest city in New York State, with a population of approximately 211,000 people, 16.4% of whom identify themselves as Hispanic. (Racial Demographics of Area Towns, ROCDOCS, http://rocdocs.democratandchronicle.com/database/racial-demographics-area-towns
(last visited May 23, 2011).) Therefore, hearing a co-worker speak Spanish in the workplace should be not only commonplace, but expected. Employers should realize that these over-reaching policies are illegal, bad for employee morale, contradictory to diversity initiatives, and bad business overall.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.