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Caroline Berdzik Assesses Legality of English Proficiency Executive Order for Commercial Truck Drivers

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Caroline Berdzik Assesses Legality of English Proficiency Executive Order for Commercial Truck Drivers

May 8, 2025
Caroline J. Berdzik

Goldberg Segalla partner and co-chair of the firm’s nationwide Employment and Labor practice group, Caroline J. Berdzik, was quoted in an article published by Bloomberg Law regarding the recent executive order to enforce English proficiency rules for commercial truck drivers.

The article, “Going Too Far on ‘English Only’ Invites Trouble for Employers,” by Khorri Atkinson, delves into the issues businesses could face if they interpret the executive order as a “green light for language-restriction policies writ large.”

Caroline argues that Equal Employment Opportunity Commission guidelines indicate “English-only” rules in the workplace are assumed to be discriminatory unless justified by business necessity, and in the context of truck drivers, there are significant safety aspects that are part and parcel of these positions.

She says it could reasonably be argued that English proficiency is required for a truck driving position due to the need to potentially verbally interact with other drivers and law enforcement and also to be able to read road signs. However, she notes strict English-only rules for truck drivers not related to safety or business necessity “will certainly face scrutiny and legal challenge under Title VII and state anti-discrimination laws, as such a requirement may disproportionately impact workers from non-English speaking backgrounds.”

 

READ THE FULL ARTICLE HERE: Going Too Far on ‘English Only’ Invites Trouble for Employers,” Bloomberg Law, May 2, 2025

MORE ABOUT GOLDBERG SEGALLA’S Caroline J. Berdzik:

Caroline devotes her practice to helping businesses, organizations, and management navigate the panoply of employment law issues, from proactive counseling through alternative dispute resolution and trial. She represents companies in diverse industries such as health care, transportation, retail, construction, insurance, and finance, as well as non-profit organizations and educational and religious institutions.

In every matter, Caroline draws upon her previous experience as an in-house counsel to bring a deep understanding of and sensitivity to the daily challenges and cost considerations companies face. Accordingly, in her role as advisor and advocate, she functions as a virtual extension of clients’ in-house legal and human resources teams, working in integrated partnership with them to protect the company’s best interests and bottom line.