On March 1, 2025, President Donald Trump signed an executive order declaring English as the national language of the United States. This significant policy shift has ignited a flurry of discussion among HR professionals, who are now faced with navigating the complex implications of this directive. Executive orders are legally binding and dictate how federal agencies operate, raising crucial questions about workplace language policies and inclusivity practices.
The executive order aims to promote national unity and streamline government operations while fostering a shared American culture. According to the White House, the premise behind this decision is that a common language can strengthen societal cohesion and economic opportunity. The order states, "A nationally designated language is at the core of a unified and cohesive society, and the United States is strengthened by a citizenry that can freely exchange ideas in one shared language."
Importantly, Trump's order explicitly revokes Executive Order 13166, which was issued by President Bill Clinton in 2000. That earlier order mandated federal agencies to provide language assistance services to non-English speakers, a policy now loosened under Trump's directive. Despite this, the new executive order offers federal agencies flexibility, making it clear that agency heads are not required to discontinue producing documents or services in languages other than English.
This nuance has prompted a variety of interpretations regarding the impact of the executive order on private employers. David Miklas, an attorney based in Port St. Lucie, Florida, emphasized that the executive order does not alter an employer’s obligations under employment laws. He pointed out, "The Equal Employment Opportunity Commission’s (EEOC’s) guidance on English-only workplace rules remains unchanged," which should reassure employers worried about compliance and potential lawsuits.
HR professionals are also conscious of the growing trend toward inclusivity in the workplace. Katie Brennan, a SHRM HR Knowledge Advisor, remarked on the potential influence of the order on workplace culture, saying, "Private employers may continue to implement inclusion and diversity initiatives in the workplace, including offering services and activities in languages other than English." These ongoing efforts underscore that promoting inclusivity shouldn't be abandoned at the altar of federal policy shifts.
Traci Chernoff, an HR consultant and podcast host, echoed this sentiment, advocating for the need to communicate in various languages to maximize understanding among team members. "When we communicate something to a team, there is likely a pressure to communicate in as many ways as necessary to maximize the potential for success and reach all employees effectively," she explained.
Nonetheless, while private employers typically aren't directly governed by the executive order, they must remain vigilant regarding compliance with Title VII of the Civil Rights Act of 1964. This federal law prohibits discrimination based on national origin, meaning overly broad English-only policies could expose employers to legal risks. "Because national origin is a protected characteristic under Title VII, employers have long been cautioned not to impose overly broad English-only policies," said Brennan.
In light of these developments, private employers are advised to approach language policies with caution to mitigate the risk of discrimination claims. Chernoff suggested that HR leaders should clearly document their rationale if any language policy changes are made, ensuring that defined business justifications, such as workplace safety or operational necessity, are presented.
Moreover, employers should consider their workforce demographics and proactively provide multilingual resources where necessary. Brennan recommended translating critical workplace documents, including handbooks and training materials, particularly for employee populations that primarily speak languages other than English.
As the furor around Trump’s executive order continues, the consensus among legal experts and HR professionals is clear: clarity and consistency in communication policies are essential. While the order shifts federal language policy, it does not alter the legal obligations of private employers towards their employees.
In conclusion, Trump’s executive order declaring English as the national language of the U.S. presents both challenges and opportunities for the private sector. Employers are reminded not to overreact to symbolic policy shifts but to remain informed and vigilant about their obligations to foster an inclusive and understanding workplace environment. As they adapt to these changes, seeking counsel and ensuring alignment with existing employment laws will be paramount to prevent unnecessary legal complications and maintain a cohesive and unified workplace culture.
