3 Colo. Code Regs. § 708-1-70.2

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 3 CCR 708-1-70.2 - Accents, Language Fluency, and English-Only Requirements

(A) Accents.

An adverse employment decision based on foreign accent is permissible only if an individual's accent materially interferes with the ability to perform job duties. This assessment depends upon the specific duties of the position in question and the extent to which the individual's accent affects his or her ability to perform job duties. Employers should distinguish between a merely discernible foreign accent and one that interferes with communication skills necessary to perform job duties.

(B) Language Fluency.

(1) An English fluency requirement is permissible only if required for the effective performance of the position for which it is imposed. An employer shall not require a greater degree of fluency than is necessary for the relevant position.

(2) A foreign language fluency requirement, as with English fluency requirements, must actually be necessary for the positions for which they are imposed.

(C) English-Only Requirements.

(1) Because an individual's primary language is often an essential national origin characteristic, workplace policies requiring employees to speak only English on the job are discouraged and are presumed to create a discriminatory environment based on national origin.

(2) An English-Only policy that is in effect only at certain times in the workplace is permissible when the employer can demonstrate a business necessity for such a policy. An English-Only policy is justified by business necessity if it is needed for an employer to operate safely or efficiently. Before adopting an English-Only policy, an employer should consider whether there are any alternatives that would be equally effective in promoting safety or efficiency. The following are examples in which business necessity may justify an English-Only rule:

(a) For communications with customers, coworkers, or supervisors who only speak English;

(b) In emergencies or other situations in which workers must speak a common language to promote safety; or

(c) For cooperative work assignments in which the English-Only rule is needed to promote efficiency.

3 CCR 708-1-70.2

37 CR 22, November 25, 2014, effective 12/15/2014

43 CR 12, June 25, 2020, effective 7/15/2020

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 04, February 25, 2023, effective 3/30/2023

46 CR 23, December 10, 2023, effective 12/30/2023