On March 1, 2025, President Trump issued a new Executive Order titled “Designating English as the Official Language of The United States.” This Executive Order may have an impact on the employment rights of federal employees and government contractors, as well as on the services that the federal government provides, and thus warrants further analysis.
Outside of making English “the official language of the United States,” the executive order specifically revokes Executive Order 13166 of August 11, 2000 (Improving Access to Services for Persons with Limited English Proficiency). Executive Order 13166 required Federal Agencies to examine the services they provide to the American people and develop a system to provide those services to people who have limited English language proficiency. Although the new executive order gets rid of this requirement, it does not require or direct any Agency to change the services they currently provide. Instead, “Agency heads should make decisions as they deem necessary to fulfill their respective agencies’ mission and efficiently provide Government services to the American people.” The executive order specifically states that agencies “are not required to amend, remove, or otherwise stop production of documents, products, or other services prepared or offered in languages other than English.” Instead, the new executive order leaves the extent of cancellation or rescission or continuance of non-English publications or services to the discretion of agency heads. Additionally, although Agency heads are not required to stop providing services in languages other than English, the executive order does state that “The Attorney General shall rescind any policy guidance documents issued pursuant to Executive Order 13166 and provide updated guidance, consistent with applicable law.” Therefore, if any services are based on a policy guidance document that was issued pursuant to Executive Order 13166, those services may ultimately be rescinded.
Another important aspect of this Executive Order is that it does not mention state, territorial or tribal laws that require government services or publications be provided in languages other than English. The omission of this language means that if an individual is receiving a service in a language other than English that is pursuant to state, territorial or tribal law, this service will likely be unaffected by this executive order. Further, the statutory definition of “agency” used in the executive order is expressly limited to the executive branch, and excludes the Federal Election Commission, the governments of the District of Columbia and US territories, and “Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities.” The executive order further excluded the Executive Office of the President from its operation.
To the extent that the executive order may result in the creation of ‘English-only’ policies in federal workplaces, it may conflict with preexisting statutes and regulations. Courts have also held that these requirements can constitute discrimination on the basis of national origin, in violation of Title VII of the Civil Rights Act of 1964. See, e.g., Montes v. Vail Clinic, Inc., 497 F.3d 1160, 1171-72 (10th Cir. 2007) (citing Maldonado v. City of Altus, 433 F.3d 1294 (10th Cir. 2006)); EEOC v. Sephora USA, LLC, 419 F. Supp. 2d 408, 415 (S.D.N.Y. 2005). If the rule requires employees to solely use English at all times while on the job, the requirement is “presume[d]” to violate Title VII of the Civil Rights Act of 1964 under EEOC regulations, warranting close scrutiny. See 29 C.F.R. § 1606.7(a).
If you are a federal employee or contractor, and wish to seek advice regarding your rights in conjunction with this new executive order, consider contacting Gilbert Employment Law, P.C. to request an initial consultation.