Background and Regulatory Context
Thirty states, including Illinois, have designated English as their official language. However, the United States doesn’t have a law establishing English as the country’s official language outside of an Executive Order. Nevertheless, the Federal Motor Carrier Safety Administration has effectively gained a new enforcement role: policing English language compliance.
In 2025, the White House issued Executive Order No. 14286, which set stricter enforcement of the longstanding English language proficiency requirement for commercial motor vehicle drivers. The English requirement for commercial motor vehicle drivers is not new. What is new is how strictly it will now be enforced.
A Longstanding Requirement with Shifting Enforcement
The English proficiency requirement dates back decades, but its enforcement has evolved significantly over time. Starting in 1937, the United States imposed an English language proficiency requirement for drivers in interstate commerce. This required drivers engaged in interstate commerce to be able to “read and speak English.” Congress added this requirement to the Federal Code in 1970. From 1970 to 2007, however, violations of this English proficiency requirement did not result in drivers being placed out of service by the Federal Motor Carrier Safety Administration (FMCSA).
That changed in 2007 when the FMCSA, through 49 CFR 391.11(b)(2), required inspectors to confirm a driver’s ability to communicate in English. Even then, the scope of enforcement remained limited. In 2016, the FMCSA relaxed enforcement further, eliminating the out-of-service requirement and permitting drivers to utilize translators or translation apps when communicating with inspectors.
This all changed in 2025 with the issuance of Executive Order No. 14286. That Order reimposes the out-of-service enforcement standard and directs inspectors to assess English proficiency when initial interactions suggest a driver may not understand instructions. The Order also eliminates a driver’s ability to rely on translators or translation apps during roadside inspections. If a driver fails the English proficiency test, that driver must be placed out of service. Even if the driver passes the English proficiency test, the inspector must still assess the driver’s ability to understand U.S. highway traffic signs.
Executive Order No. 14286 signals to commercial motor vehicle drivers, employers, and independent contractors that compliance with the English proficiency standard will now be closely monitored and strictly enforced. Employers must now ensure that their drivers can communicate with inspectors, read road signs, and complete documents in English. Otherwise, employers risk placing their drivers out of service.
Compliance Pressures and Legal Risk
An English-only policy should protect employers against the risk of out-of-service orders, right? Wrong.
English proficiency requirements may constitute national origin discrimination under Title VII of the Civil Rights Act of 1964 if they aren’t necessary for safe and efficient job performance. Furthermore, the Equal Employment Opportunity Commission has issued guidelines advising that English-only policies are presumed to violate Title VII. As a result, an English-only policy may subject an employer to exposure under Title VII of the Civil Rights Act.
Executive Order No. 14286 therefore places employers and drivers in a complicated position. Increased enforcement raises the stakes of noncompliance, but reactive policy changes may create separate legal risks. As federal regulators intensify scrutiny, employers and practitioners alike must navigate this evolving landscape with care; focusing on compliance alone, without accounting for civil rights obligations, may create as much risk as it resolves.