Legal Question in Discrimination Law in New York

can I be banned from speaking my native language in my workplace

I work in a nursing home in my own office where I handle billing dept. I have been approached by another staff member who speaks spanish with a question in spanish and I responded in spanish, now it I have been told that I cannot speak spanish at all at my workplace.

When I was originally hired my employer asked if I was bilingual and I said yes. I feel like I am being discrimated against.

Can you help me clear my mind please.

thanks...


Asked on 5/31/06, 1:39 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: can I be banned from speaking my native language in my workplace

It is improper to tell an employee not to speak spanish to another spanish speaking employee or person.However, that alone does not constitute empoloyment discrimination because as you have described it, no "adverse employment action" has occurred. In other words, had you been fired or demoted as a result, you would have a case.

Now, if I were you, and this employer tells all Hispanic employees not to speak spanish, especially if it has nothing to do with the functioning of the business, I would report it to the City or State Division of Human Rights or EEOC. Actually, you can accomplish both by filing

with the City or State agency; they will dual file the complaint with EEOC if there are more then 15 employees and you request it.

They will investigate and if they determine the company is discriminating on the basis of national origin, even if it isn't your case, they will eventually have a hearing and enjoin the inappropriate practice.

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Answered on 5/31/06, 3:33 pm


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