Code of Colorado Regulations
700 - Department of Regulatory Agencies
708 - Civil Rights Commission
3 CCR 708-1 - STATE OF COLORADO CIVIL RIGHTS COMMISSION RULES AND REGULATIONS
NATIONAL ORIGIN AND ANCESTRY
3 CCR 708-1-70.2 - Accents, Language Fluency, and English-Only Requirements

Universal Citation: 700 CO Code Regs 3 CCR 708-1-70.2

Current through Register Vol. 47, No. 17, September 10, 2024

(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.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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