According to a report in the Boston Globe, Reilly issued the advisory opinion after appeals from immigrant advocates, who for years have been handling complaints from nursing assistants and other extended-care workers that employers have been subjecting them to unfair rules in their workplace. The advocates for nursing home employees claim that in some homes, English-only policies ban workers from speaking their native languages even on meal breaks, and some managers create hostile work environments that exclude immigrants from decisions about their workplace and subject them to punitive policies.

The 7-page advisory outlines state and federal law governing the civil rights of immigrant workers, particularly relating to English-only policies, and provides best workplace practices. In letters sent to members of the nursing home sector, Reilly emphasized the positive benefits for employers that take steps to protect the rights of immigrant workers. First, the overall care and treatment of residents will improve with better working conditions for caregivers. Second, the fair and nondiscriminatory treatment of certified nursing assistants and other low-wage workers will result in a more content and productive workforce. And third, employers can reduce their potential liability for violations of the antidiscrimination laws. To view the advisory, go to www.ago.state.ma.us/sp.cfm?pageid=1950.