This bill says that "discharging or taking other employment-related action with regard to an employee on the basis of the employee's failure or refusal to comply with a requirement of the employer that English be spoken or used while at work shall not be deemed to constitute discrimination on the basis of national origin" prohibited by state law.

Since only lawfully present individuals can qualify legally to work, this legislation has nothing to do with the legal status of the individuals involved.

This change in the law would allow an employer to fire someone who has a conversation with a colleague in the lunchroom or takes a cell phone call from a relative while on a break.

The law in Virginia, as an employment at will state, is that an employer can discharge an employee for no reason as long as the reason isn't discriminatory based on a prohibited classification. The law should remain unchanged.

This bill authorizes small businesses to discriminate against lawfully present individuals whose first language is not English by defining discrimination not to include action by employers to fire someone for speaking a language other than English in the workplace.