Virginia House Passes Legislation To Protect English-in-the-Workplace Policies

Strong support in House mirrors strong support natioStrong support in House mirrors strong support nationwide

The Virginia House of Delegates passed legislation yesterday clarifying that Virginia employers have a right to institute an English-in-the-workplace policy. The 70-29 vote on House Bill 1472 sends the measure to the Senate for consideration.

Under the legislation, sanctioning an employee for failure to comply with an English-in-the-workplace policy is not considered discrimination on the basis of national origin. The measure clarifies that the policy must be made for a legitimate business purpose and in no way condones rules that bar other languages from the workplace altogether.

Protection of employer rights in instituting English-in-the-workplace policies has increased since the United States Equal Employment Opportunity Commission (EEOC) began prosecuting employers who required that English be spoken while conducting business. These workplace policies, which have been upheld by courts at the federal and state level, are meant to foster communication, improve safety, and ensure a cohesive workforce. Properly tailored directives do not apply to personal time, such as work breaks and lunch hours.

Last year, the U.S. House of Representatives and U.S. Senate separately approved measures that would have withheld funds from the EEOC for prosecuting such cases. Though the amendment did not appear in final appropriations bill, stand-alone measures have been introduced as H.R. 4464 and S. 2453 and have gained considerable support in Congress. A November 2007 poll by Rasmussen Reports found that 77 percent of Americans believe that employers should have the right to require that employees speak English while on the job.

“The diverse nature of our workforce makes it essential that we use the common language of English while on the job,” said Mauro E. Mujica, Chairman of U.S. English, Inc. “For efficiency, safety, and communication, we cannot let language barriers get in the way of business. I am pleased the Virginia House of Delegates has protected an employers’ right to have an English-in-the-workplace policy, and I look forward to seeing the Senate follow suit.”