Dfeh-185 Spanish (2024)

FAQs

Can my employer tell me not to speak Spanish in California? ›

Employers cannot limit or prohibit the use of any language in any workplace unless justified by business necessity.

In July 2022, the Department of Fair Employment and Housing's name changed to the Civil Rights Department to more accurately reflect the department's broadening duties, which include enforcement of laws prohibiting hate violence, human trafficking, discrimination in business establishments, and discrimination in ...

California employers of five (5) or more employees, including those who work outside California, are required to provide harassment prevention training to all employees located in California every two years. Supervisors must receive two hours of training, and all other employees must receive one hour of training.

However, employees located outside of California are not themselves covered by the protections of the Act if the allegedly unlawful conduct did not occur in California, or the allegedly unlawful conduct was not ratified by decision makers or participants in unlawful conduct located in California.

You cannot just be fired for not speaking in Spanish. But the question is how closely related are your Spanish language skills to what your job duties were and if your employer knew you were bilingual and reasonably relied on that fact when it hired you.

In general, employers must allow employees to speak their native language during work hours, unless it interferes with reasonable and necessary business operations.

If the employer has 15 or more employees, you can file with either EEOC or DFEH. If employer has fewer than 15 (but at least 5) employees, you should file with the DFEH. How long ago did the discrimination occur? You have 300 days (approximately 10 months) to file a complaint with EEOC.

2 attorney answers

It can simply ignore it if it wishes, and often that is what happens. If the DFEH were to agree to take on your lawsuit - which is rare - and a lawsuit is filed, then the employer is legally required to file a responsive pleading within 30 days of being served.

Under the Fair Employment and Housing Act (FEHA) in California, you must file a claim within three years of the alleged incident. This is a result of the recent passage of California Assembly Bill 9 (AB 9).

In California, verbal harassment is only illegal if it is tied to an unlawful reason. The employee must be the target of this harassment due to some protected characteristic. This means that harassment, by itself, may not be considered a crime.

Do independent contractors need to take harassment training in California? ›

California Requires Sexual Harassment Training for All Employees. Under the California Code, employers with at least five employees or contractors must provide sexual harassment prevention training to all employees, including supervisory and nonsupervisory employees, every two years.

From a legal perspective, quid pro quo harassment involves an employer who makes decisions based on an employee's willingness to grant or deny unwelcome romantic or sexual favors. This can manifest in various ways, such as promising career advancements, job benefits, or even job security in exchange for acquiescence.

Here's how to go on stress leave from work in California through FEHA: Recognizing Stress as a Disability: If an employee's stress is severe and disabling, it may qualify as a mental health disability under FEHA. Mental health disabilities are afforded the same protections as physical disabilities under the law.

California's Fair Employment and Housing Act also contains an exemption for religious organizations. It provides that an “employer” under the FEHA “does not include a religious association or corporation not organized for private profit.” Cal. Gov. Code, § 12926 (d).

The minimum wage in California, effective January 1, 2024, is $16.00/hour for all employers.

While an employer may require an employee to be able to speak English because the position requires it, an employer cannot forbid a worker from also speaking Spanish, or any other language, on the job.

EEOC Regulation 29 C.F.R. § 1606.7(a) provides that a rule requiring employees to speak only English at all times in the workplace is a burdensome term and condition of employment. Such a rule is presumed to violate Title VII of the Civil Rights Act of 1964.

An employer may not deny a person an employment opportunity because that person is not proficient or fluent in English, unless the job that person performs: 1) actually requires some English language skills, and 2) the person does not possess the particular type and level of English language skill required.

The employer is not required under law to provide a reference for employees. They do not have to say anything. The employer can provide information about your job performance. The employer can provide information about your qualifications for a job.