Communication is a fundamental need in every workplace environment, and in a multicultural environment like Canada it is important to know the law on language requirements.
What Are Language Requirements at Work?
There are two types of language requirements. The first is the positive requirement to be able to communicate with other people, which generally means an ability to speak in English (being the official language of Ontario) and/or French. Other requirements can be specific to the workplace. A school that teaches English to individuals from Germany would be reasonable in requiring most of its employees to be able to speak German as well.
Of course, such a requirement can be potentially discriminatory on the basis of ethnicity or place of origin. However, such discrimination is allowed for a bona fide job requirement, and in the case of language and being able to communicate with colleagues and clientele, this is generally a low hurdle.
The other type of requirement would be a negative one, prohibiting employees from speaking in a language other than English while at work. This requirement would also be potentially discriminatory based on ethnicity or place of origin.
Can Employers Ban Employees from Speaking Other Languages?
However, this would be much harder to justify as a bona fide job requirement. An employer would have a very difficult time arguing that there is a negative effect of speaking another language in any context, or that it is in any way inappropriate. If the requirement is to only speak English in certain situations, such as with customers, it may be easier to justify.
How can Whitten and Lublin Help?
Language requirements are quite common, but their legality is almost always fact-specific, and it can be quite difficult for employees to know what their rights are. If you are an employee navigating language requirements at work, Whitten and Lublin is here to assist you. Contact us online or by phone at (416) 640-2667.
