Can an employer require its employees to speak only English at work? That question will be answered in a lawsuit brought against Delta Airlines by a group of Spanish speaking airplane cabin cleaners. The employees claim that a shift manager barred workers from speaking Spanish after a company, Gate Gourmet, took over the contract to clean Delta’s planes at Los Angeles International Airport. Most of the 14 employees speak little to no English but had been performing their jobs for years.
According to the national counsel for the Mexican American Legal and Educational Fund which is representing the plaintiffs, “They’re essentially muted. They’ve got to walk around with their mouth shut. So it is humiliating and denigrating, and it makes it harder for them to do their job.” Gate Gourmet said that the comppany does not have an English-only rule. Under California law, employers can require employees to speak English only if there is a legitimate business reason.
The court complaint alleges that employees must rapidly clean airplane cabins and restock supplies before passengers board the planes. They communicate over radio regarding when and where they need to go. The employer did not warn employees what penalty would be imposed if they violated the language rule. The company may have difficulty in defending the case as it appears that the shift policy is only applied to workers on the evening shift. Morning and night crews continue to speak in Spanish, according to the complaint.
The employees assert that they complained to the human resources department but received no answer. The action seeks to require Gate Gourmet to withdraw the rule and pay damages and attorneys’ fees.
If you have any issues with a claim, potential claim, or questions regarding the issues raised by this lawsuit or other workplace policies, please calll the Gilbert Law Group at 631.630.0100.