Thanks to alaskaguy’s linked paper, I have now read more cases involving “English Only” policies than I ever wanted to read. Some of the cases were pretty interesting, but for some reason they omitted the details of the most interesting case, namely the following:
Liberty Argueta worked in the outpatient billing department, and was fired after “attacking” a coworker with a bagel.
Never thought of a bagel as weapon before. It must have been a day old bagel.
Anyway, it seems that the courts have largely gone by intent. If the “English Only” policy is meant to address underlying workplace issues (hostile work environment, customer relationships, undermining management, etc.), such policies are upheld as non-discriminatory. However, if the purpose is clearly too discriminate then they have been struck down. Makes sense to me.