This is a difficult situation all around.
Let me give you an alternative viewpoint on the situation with this employee speaking Spanish:
I am *white*. But, English is not my first language and my multi-ethnic family has always spoken 3-4 languages confluently. Speaking a mish-mashed Aritalienglinish is part of who I am. Part of our movement in DEI is making room for brave conversations and also for vulnerability, and I myself have had to have some of these conversations when someone insisted I wasn't allowed to speak my first language because of how I look in my skin.
If this employee is truly in error because they're not Hispanic or have no cultural affiliation then yes, it needs to be addressed to that end. If they, however, are multi-lingual and/or multi-ethnic (and yes, a white person can be multiple other ethnicities), it's time for a broader, brave and vulnerable conversation. DEI doesn't say nor does it condone banning a white Hispanic person from speaking Spanish or a white Middle Eastern person from speaking Arabic or Aramaic. It doesn't ban a white child who was born in Tamaulipas and grew up speaking Spanish from doing so either. Brave conversations help us to uncover assumptions.
^^^I don't know what ethnicity the employee is from your post; I only know they're white appearing.
The way that they're responding to black colleagues, however, is a huge problem and should be addressed immediately and head-on. You don't need to pussyfoot around it. If they're truly open to change you can say, "Hey, when you say this on email threads, it makes a number of our colleagues, including myself, uncomfortable. It would be more appropriate to just say, No problem."
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