The Justice Department published guidance recommending that federal agencies minimize non-essential multilingual services as part of implementing Executive Order 14224. E.O. 14224 designated English as the official language of the United States and rescinded a Clinton-era executive order that promoted governmental services for individuals with limited English proficiency.
DOJ recommends that federal agencies:
- review any guidance based on E.O. 13166,
- consider offering services only in English,
- use technology to bridge language barriers,
- include disclaimers that English is the official language of the United States, and
- redirect funds towards promoting English education.
DOJ will issue additional guidance within 180 days.
DOJ notes that Title VII does not prohibit employers from establishing English-only workplace rules in some cases. In contrast, the Equal Employment Opportunity Commission has traditionally opined that an English-only workplace rule may constitute national origin discrimination in violation of Title VII.
Employers should preliminarily identify language-related policies, positions, or job requirements. Any employer that receives federal financial assistance and is considering amending its language-related policies or services should keep in mind that restrictive language policies can lead to potential liability under Title VII.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.