By Jamie Davila, Esq. and Ty Hyderally, Esq.

May 5, 2025

Prior to President Trump’s second term in office, the United States did not have an official language. However, on March 1, 2025, President Trump signed an Executive Order that made English the official language of the United States[1]. Although it feels like nothing has changed, this executive order is already showing signs of testing what can and cannot be done in the workplace.

On April 29, 2025, President Trump signed an Executive Order that directs the Secretary of Transportation to rescind guidance that watered down the law requiring English proficiency for commercial drivers. It mandates revising out-or-service criteria to ensure drivers violating English proficiency rules are placed out-of-service to enhance roadway safety[2].  The order goes on to state that trucker drivers must be able to read and speak English “sufficiently to converse with the general public” and directed the Transport Secretary to introduce new testing and enforcement to that effect. This order may seem like a sound idea; however, it neglects to take into consideration that States already have this requirement in various degrees when applying for a Commercial Driver’s License (CDL).  Specifically, to drive a commercial motor vehicle in interstate commerce, drivers must be able to speak English satisfactorily to converse with the general public, understand traffic signs and signals, and respond to law enforcement.

This Executive Action brings to light the question of whether you can be fired for not knowing English. Officially, the answer is: no. The Equal Employment Opportunity Commission Regulation 29 C.F.R. 1606.7(a) states that a rule requiring employees to always speak only English in the workplace is a burdensome term and condition of employment. This kind of rule is presumed to violate Title VII of the Civil Rights Act of 1964[3]. Hence, a speak English only rule being applied to casual conversations between employees on break or not performing a job duty would be considered unlawful as it unfairly targets employees based on national origin. As a result, this EEOC regulation or anti-discrimination rules under the Civil Rights Act of 1964 are not suspended or changed by the Executive Order.

However, a workplace English only rule being applied to limited circumstances is permissible. The rule must be narrowly tailored to address business necessity that would justify an English-only rule. Meaning that an English-only rule would be unlawful if it were adopted with the intent to discriminate based on national origin. These situations include: 1) for communications with customers, coworkers, or supervisors who only speak English; 2) In emergencies or other situations in which employees must speak a common language to promote safety; 3) For cooperative work assignments in which English-only rule is needed to promote efficiency; 4) To enable a supervisor who only speaks English to monitor the performance of an employee whose job duties require communication in English with coworkers or customers. In conclusion, you can not be fired for not knowing English unless your job duties specifically require you to know the language in order to properly perform the job.

If you feel that you are being a target of discriminatory treatment due to your national origin, or If you have any questions regarding your rights as an employee, you should seek out an experienced attorney who concentrates in employment law. Our firm has been concentrating in employment law for over twenty-two (22) years!

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice regarding your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.

[1] Designating English as the Official Language of The United States, The White House, March 1, 2025, https://www.whitehouse.gov/presidential-actions/2025/03/designating-english-as-the-official-language-of-the-united-states/ (Last visited on April 30, 2025).

[2] Fact Sheet: President Donald J. Trump Enforces Commonsense Rules of the Road for America’s Truck Drivers, The White House, April 28, 2025, https://www.whitehouse.gov/fact-sheets/2025/04/fact-sheet-president-donald-j-trump-enforces-commonsense-rules-of-the-road-for-americas-truck-drivers/ (Last visited on April 30, 2025).

[3] What do I need to know about… English-Only Rules, Office of the Assistant Secretary for Administration & Management, https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/internal/policies/english-only-rules (Last visited on April 30, 2025)>