Is it legal that employment policies are only in English? Or, is this is a form of discrimination to those with limited English speaking skills? What if your employer refuses to make work documents, signs, and other important information available in Spanish and other languages? Is this a form of discrimination in the workplace?
Depending on the circumstances, your employer may be committing acts of language discrimination at work, which gives you the right to take legal action under the laws in California. If you would like more information on suing your employer for workplace discrimination based on language needs and preferences, contact the offices of California Labor Law Employment Attorneys Group. Our bilingual attorneys are fluent in a wide variety of languages, and we are ready to provide you with a thorough explanation of your rights and legal options. We look forward to meeting you during a free consultation and helping you fight back against discrimination at your place of employment.
Is Language Discrimination a Legal Violation?
Many of us were born in or grew up in the United States, and as a result, English is our first language. So, the idea of discrimination based on language may be a foreign concept if you are not from another country. But California is home to millions of immigrants from all over the world who are not fluent in English and need to have certain things translated in the language they are familiar with.
Anti-discrimination laws protect biased and unfair treatment toward workers based on protected traits like race, sexuality, gender, and religious beliefs. Language does not fall under the category of federally or state protected characteristics in the workplace. However, it is recognized as a form of discrimination against one’s national origin in the state of California. So, your employer cannot treat you differently based on the fact that you are from another county, where English is not the primary language. Additionally, if they fail to provide work-related information in a language other than English, you may be eligible for a language discrimination lawsuit, which you can learn about from an employment rights violation attorney.
Language Inclusivity in the Work Environments with People of Multiple Nationalities
No matter what type of environment you work in, employers are required to post notices regarding employment regulations by the federal government and the California Labor Board. Is the employer required to post these notices in languages other than English? Yes, if a significant portion of the workers lack the level of English comprehension required to understand the information in these notices.
This is important to ensuring that everyone has equal access to important information that has to do with one’s employment rights. Not everything at the workplace has to be in languages other than English – just information that is considered essential to one’s safety and legal rights. If you have questions about your right to employment information in Spanish, Chinese, Korean, Arabic, or any other language, don’t hesitate to give us a call.
Employment Policies that Must be Posted in all Workplaces
In this section, we will go over what types of information must be posted throughout your workplace. If your job employs a significant percentage of workers that are not fluent in English, the following employment information must be available in other languages:
- Federal minimum wage rates
- Your rights under the Family and Medical Leave Act (FMLA0
- Employee Polygraph Protection Act
Additional employment notices may be required, depending on the industry. Companies working under government contracts must have notices for: the Service Contract Act/Walsh-Healy Public Contracts Act, displaced employee rights on successor contracts, the Davis-Bacon Act, and paid sick time for government contractors. If you work in the agricultural industry, you should have access to the Agriculture under the Fair Labor Standards Act, the Migrant and Seasonal Worker Protection Act, and employee rights under the H-2A Program.
Work policies that are unique to each work environment, like uniform requirements, attendance policies, employment grievances, etc. should also be displayed in multiple languages. This way, everyone understands the company’s rules and what is expected of them.
You Rights as a Victim of Language Discrimination
If you are subjected to language discrimination, what are the steps you can take? Since language discrimination falls under the umbrella of discrimination based on national origin, you may have the right to pursue an employment claim in the following way:
- Filing a discrimination claim with the U.S. government’s Equal Employment Opportunity Commission (EEOC).
- File a complaint with the state of California’s Department of Fair Employment and Housing (DFEH).
- If you are given permission by the either of these agencies, you can file a lawsuit for monetary damages against your employer.
It’s crucial to have a discrimination in the workplace lawyer by your side as you navigate the legal process. Rest assured that our legal team is here to help, 24/7, with lawyers who can speak to you in Spanish and various other languages.
Contact a Bilingual Employment Law Attorney
If you employer is failing to provide you information you are entitled to in a language you can understand, you should explore the option of filing a language discrimination complaint. We have attorneys who can walk you through the process one step at a time, so please reach out to us at your earliest opportunity.
You will not be asked to pay any fees, meaning you can hire a workplace discrimination lawyer for $0. We add the cost of legal fees to the settlement you are owed by the employer. That way, all of our expenses are covered once your settlement check is released. If we do not obtain compensation on your behalf, you owe us absolutely nothing.
A free case evaluation will give you the opportunity to learn more about your rights and how we can assist you. Contact California Labor Law Employment Attorneys Group today and schedule a private case review, completely free of charge.
