Q&A with The Workplace Advisors – August 2025

Requiring employees to speak a certain language can be essential for some roles—but when does it cross the line into discrimination? In this month’s Q&A, The Workplace Advisors break down when language requirements are lawful, when they’re not, and how to keep your hiring practices compliant.

Question: We want our next hire to speak a specific language or multiple languages. Can we ask them during the hiring process?

Answer: What you can and cannot require depends on the essential requirements of the position. This includes any aspect of the job.

Federal, state, and local laws prohibit discrimination against a person for numerous protected characteristics, so any requirement must have a legitimate business reason or else a company could face a discrimination claim.

For example, if the employee needs to speak two languages to perform their job as a translator, you can ask if they are proficient in those languages. You can also ask about their proficiency to ensure they can work at the level you need them to. You might also consider testing them to confirm this proficiency.

You can also require employees to understand a specific language if needed for safety purposes. For example, if your employees work with dangerous chemicals, you can require that they read and understand instructions and warning labels for safety reasons, but you cannot require that they be fluent beyond that understanding.

However, if you just want someone to speak a specific language because it would "make things easier," then you probably cannot hire for it specifically. You also cannot require an employee to speak a specific language during personal conversations at work, so that you can understand what they are saying.

You can, and should, have different requirements for each position based on what that person needs to do, and then tailor your hiring process to find the right person to meet those needs.