The EEOC, in its Compliance Manual, offers the following examples of situations in which business necessity would justify an "English-only" rule:
-- For communication with customers, co-workers, or supervisors who only speak English.
-- In emergencies or other situations in which workers must speak a common language to promote safety.
-- For cooperative work assignments in which the "English-only" rule is needed to promote efficiency.
-- To enable a supervisor who only speaks English to monitor the performance of an employee whose job duties require communication with co-workers or customers.
Under Title VII of the Civil Rights Act of 1964, and various state laws, "English-only' policies cannot unfavorably affect only employees of a certain race or national origin. "Employers adopting an 'English-only' rule should ensure that all affected employees are notified about it, and about any disciplinary consequences for rule violations. Employers can provide notice in meetings, e-mails, or other written communication. It may be necessary for an employer to provide notice in English and the other languages spoken by employees, according to McAndrew.