QUESTION: Some homeowners want our employees (security and maintenance) to only speak English while they are on duty. The owners feel the employees are talking about them behind their back.

ANSWER: You can require your employees to speak English to your homeowners but if you have more than five employees, you cannot prohibit them from speaking a foreign language in the workplace. The only way you could avoid this rule is by demonstrating that (i) the use of English is necessary for the safe and efficient operation of the association and (ii) there is no alternative that would be less discriminatory.

Updated by ADAMS KESSLER 8/9/2008