Healthcare Services Group, Inc., which provides housekeeping and other services to healthcare facilities and employees 35,000 employees in 48 states, agreed to provide monetary and injunctive relief to an employee following an investigation by the US Equal Employment Opportunity Commission (EEOC). In a charge filed with EEOC, a woman employed as a “light housekeeper” at a nursing home facility in Concord, California, alleged that Healthcare Services Group prohibited her from speaking her native language of Spanish while in the workplace. The EEOC’s investigation found evidence confirming that her employer maintained a limited “English-only” rule. If applied at all times in the workplace or unless justified by business necessity, this type of policy violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on national origin.
After the investigation, the parties engaged in a pre-litigation conciliation process resulting in a settlement. Healthcare Services Group will pay monetary damages to the housekeeper and will provide training for all California employees as well as separate training for all California managers and human resources personnel. The company also agreed to revise its California policies and procedures to include a clear statement that Healthcare Services Group will not restrict languages spoken by employees not performing patient care, and that employees have the right to speak their preferred language in the workplace. These policies will be issued in English, Spanish and any other language spoken by 5% or more of its California workforce. In addition, the company agreed to remove English fluency requirements from the light housekeeper job description, and to post a notice of the agreement for a period of two years.
