In March of 2001 the Colorado Central Station Casino was charged with a class action suit. The suit was filed by the EEOC on behalf of the casino's housekeepers, mostly Spanish-speaking employees. Ultimately, the casino was ordered to pay $1.5 million for "subjecting its employees to unlawful English only rule."

The judgment was heralded as a victory for foreign language-speaking workers. However, it also pointed out the controversy surrounding English-only policies within the ethnically diverse community.

On the side of those who argue in favor of English-only policies is Mauro E. Mujica. He is CEO of a citizen's action group called U.S.English. An immigrant himself, he states that English-only policies "encourage communication and prevent people from being suspicious of other people speaking another language." This group, with 1.7 million members, has petitioned the U.S. government to make English its official language.

In 2003, The EEOC received 228 charges challenging English-only policies in the workplace. As the numbers of foreign-speaking workers grow, attorneys are expecting the number of lawsuits to increase. The U.S. Census Bureau reports that the number of Americans who speak English poorly or not at all is up 65% since 1990.

Requiring employees to speak English con conflict with Title VII of the Civil Rights Act, which prohibits discrimination based on national origin. English-only policies are allowed when a) speaking a common language is imperative for safety, and b) it's a matter of business necessity.

Some feel that a common language is especially important in dangerous work environments. For example, a worker for a branch of the U.S. Navy has witnessed safety levels being compromised among his crewmates. He explained that shipmates risk everyone's lives when they fail to understand instructions while performing tasks like loading heavy equipment, or maintaining the ship's engine room's machinery.

However, employers have felt the sting of a confused EEOC. Problems in the interpretation of the English-only rule arise when employers arbitrarily try to interpret the rule. In a well publicized case an employer responded to female workers who claimed to be sexually harassed by male employees speaking Navajo. The employer posted a sign warning all employees to not speak in Navajo. When workers complained, the EEOC investigated and the owner was sued. The case is scheduled to go to trial next year.

Peter Miscovich is a principal partner in Saratoga Institute, a human capital management firm. He suggested that employers take the following steps to reduce future litigation:

1.  Document any and all language policies from the very beginning in clear and concise terms.
2.  Be prepared to support any English-only policy by demonstrating the specific circumstances in the workplace which necessitate the decision.
3.  Communicate to employees the specific consequences if the rule is broken.
4.  Spell out whether there are exceptions during the employee's lunch and rest breaks.