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We have an issue with language. Some of our team members are speaking Punjabi to each other even though we have predominant english speaking employees. Can we enforce a "English only" policy so we don't have this problem anymore. English speaking have left the company because of that.

Because language is a purveyor of culture, ethnicity, place of origin, race, etc., the concern is that such a policy could, if mishandled, amount to a form of discrimination contrary to human rights law. In crafting such a policy, a careful balancing is required to be struck in terms of the manner in which it is intended to apply and it must be sensitively enforced. For example, rather than a blanket prohibition, discouraging the use of other languages in front of people who do not speak such languages may be more appropriate - and the policy can explain why this may be discourteous (because, for example, it may fuel the impression that the non-speaker is being gossiped or joked about). Not only should the language of such a policy be carefully considered but supervisors should be properly trained in regards to expectations under the policy and about how best to enforce it in order to avoid unintended consequences, including legal complaint. Examples of when it is and is not appropriate to speak in languages other than English should be provided. But to be clear, unless there are very compelling business- or employment-related reasons for doing so, an outright and blanket prohibition against speaking a language other than English in the workplace could be construed as a form of improper discrimination. Sensitive handling and review/guidance from someone well-versed in such matters is strongly recommended. If you are interested in obtaining such assistance from our firm, please contact us at your convenience.
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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