In California, the rights of employees regarding language usage at work are protected by both federal and state laws. An incident in Davis, California, where a restaurant employee was fired for speaking Spanish, brought attention to this important issue.
This blog explores the legal protections employees have in such situations and what it means for workplace discrimination. Contact PLBH at (800) 435-7542 if you are the victim of discrimination and require a legal consultation.
The Incident at Osteria Fasulo
In the case of Francisca Pérez, a line cook at Osteria Fasulo, her termination for speaking Spanish to a co-worker raised significant legal concerns. Owner Leonardo Fasulo’s directive to speak only English and subsequent firing of Pérez for speaking Spanish may constitute a violation of her rights under anti-discrimination laws.
Federal Law: Title VII of the Civil Rights Act of 1964
Under Title VII, employers are prohibited from discriminating against employees based on national origin. This includes making employment decisions based on an employee’s native language. While there are exceptions where English-only rules might be justified by business necessity, these are limited to specific situations like safety requirements or customer interactions.
California Law: Fair Employment and Housing Act (FEHA)
FEHA provides even broader protections than federal law against discrimination based on national origin, including language. Employers in California can enforce English-only policies only if they meet the stringent criteria of serving a business necessity and are communicated clearly to employees. These policies must be crucial for the business’s safe and efficient operation and without any less restrictive alternatives.
Implications of the Incident for Employment Discrimination
In Pérez’s case, her brief conversation in Spanish with a co-worker about a work-related matter did not pose any safety risks or involve customer interaction. Therefore, her firing likely constitutes discrimination based on national origin, violating both federal and state laws.
Legal Recourse for Employees
Employees in California who are terminated for speaking a language other than English at work may have a valid legal claim against their employer for discrimination. Consulting with a skilled California employment discrimination attorney can help determine the viability of such a claim.
PLBH’s Stance on Workplace Discrimination
At PLBH, we advocate for a discrimination-free workplace. If you believe you have been unjustly discriminated against at work, including being terminated for speaking a language other than English, we are here to assist. Our experienced attorneys can evaluate your situation and provide the necessary legal guidance.
Employees in California should be aware of their rights concerning language usage in the workplace. Discrimination based on language is a serious issue, and laws are in place to protect employees from such unfair treatment. If you face discrimination at work for speaking Spanish or any other language, reach out to PLBH at (800) 435-7542 to schedule a consultation with a skilled employment discrimination attorney. Remember, you have the right to a fair and respectful work environment.