Title VII of the Civil Rights Act of 1964 bars employers from discriminating against employees or prospective employees based on race, color, religion, sex, or national origin. Enforcement of Title VII has transformed the American labor force into a diverse group that mirrors the multicultural society at large, though not without controversy. One such debate concerns employers who require their employees to speak only English in the workplace. Do such rules violate Title VII's prohibition against discrimination based on national origin? This paper will explore that issue by analyzing the relevant statutes, agency decisions, and major court opinions.
When Congress passed the landmark Civil Rights Act of 1964, Title VIIùthe first piece of federal legislation to ban employment discriminationùserved as the centerpiece. Title VII's impact on America cannot be overstated, and its benefits have extended far beyond the workplace. Title VII also has expanded during the last 35 years thanks to several amendments, most notably in 1972 when Congress enlarged the scope of the statute to include government employees.
Specifically, Title VII makes it unlawful for an employer ôto fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin[.]ö Title VII also bars employers from any practice that serves ôto limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.ö
Congress enacted Title VII primarily to end discrimination against African-Americans. As a result, legislators barely dis...