Suing English-only employers
By: RICHARD KIRK - For the North County Times | ∞
It seems that traditional service organizations now have perpetual bull's-eyes pasted on them. If it's not the Boy Scouts being evicted from Balboa Park for defying the creed of political correctness, it's the Salvation Army facing an Equal Employment Opportunity Commission lawsuit for requiring employees to speak English on the job.
The suit against the bell-ringing charity was filed in March of this year and concerns a thrift store in Framingham, Mass., that fired two employees for violating an English-only policy. The EEOC sued the organization even though the employees had been given a year's notice and despite a ruling four years earlier by a federal judge in Boston that upheld the group's English-only policy -- a rule the court found promoted "workplace harmony."
(North County business owners might like to know that the EEOC filed more than 200 anti-English-only suits last year and that exemptions are granted based on the agency's standard for "compelling business necessity." Apparently, the ability to understand what employees are saying about their employer or other employees isn't "compelling" in the eyes of EEOC mandarins.)
In order to save businesses from this innovative bureaucratic interpretation of "civil rights" law, Sen. Lamar Alexander, R-Tenn., introduced legislation that protects employers with English-only policies from EEOC lawsuits. The provision passed both the Senate (75-19) and the House (218-186) but was killed when the House Hispanic Caucus threatened to derail critical tax legislation if Speaker Pelosi allowed the Alexander amendment (which was attached to a huge appropriations bill) to survive in committee.
So as things now stand, thanks to Hispanic Caucus Chair Joe Baca, D-Calif., the EEOC can bring employers to court for their English-only policies, and those businesses will either have to kowtow to bureaucrat lawyers or face litigation costs.
Meanwhile, as a recent Rasmussen poll indicates, Americans overwhelmingly support (77 percent to 14 percent) an employer's right to set English-only standards in the workplace. (Seventy-seven, by the way, is also the percentage of Americans that oppose giving drivers' licenses to illegal immigrants -- an electoral consensus that recently turned the political heads of Sen. Hillary Clinton and New York Gov. Eliot Spitzer and that, in 2003, helped depose Gov. Gray Davis.)
Another Rasmussen poll found 87 percent of Americans agreeing that it is "very important" to speak English in the United States. Indeed, that sentiment is so widespread among Latinos that TV Azteca, Mexico's second largest network, has scheduled a 60-hour series of English classes for its U.S. affiliates. Apparently the network doesn't see English proficiency as a racist stalking horse but rather, as anchor Jose Samano asserts, a tool by which immigrants can increase their incomes by 50 percent or more.
Nevertheless, the EEOC, some Hispanic groups, and a persistent bilingual education lobby in California seem determined to undermine those cultural forces that have helped to integrate newcomers into American society. After all, for interest groups that profit from keeping Latinos in manageable barrios, Gov. Schwarzenegger's advice to immigrants to immerse themselves in English amounts to political poison.
-- Richard Kirk is a freelance writer who lives in Oceanside. Contact him at kirkrg@netzero.com.
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dave from oceanside wrote on Dec 4, 2007 5:31 AM:If I had but one wish at work it would be that everyone should speak English. Production is constantly being impacted by the mistakes caused by miscommunication. I have worked in engineering for over 35 years, and communication is paramount to getting the job done in an efficient and flawless manner. If you want to reduce this countries competitive stance in the world economy, then start demanding companies no longer enforce English only spoken rules. It is hard enough getting technical points understood when English is used, throw in another language and progress gets bogged down in the translation. I have seen the results of communication mistakes happen many times, and in a couple of instances a life threatening event occurred. I don't know if you have heard the fable of "The Tower of Babel", but I am guessing you have and now it's happening to US companies. Below is part of a quote from Theodore Roosevelt, 1919 We have room for but one language here, and that is the English language...and we have room for but one sole loyalty and that is a loyalty to the American people."
Jaydee wrote on Dec 4, 2007 6:43 AM:Again the goverment does not get it yet.. We the people should stop paying our taxs until the goverment starts listing to we the people. No money Nancy No power. Wake up people and tell all your friends to stop paying your fed taxs. Then and only then willthe goverment listen NO MONEY NO POWER. We the middle class have all the power. OUR MONEY is what talks so do the walk people.
buenas dias wrote on Dec 4, 2007 7:38 AM: So Kirk has officially jumped on the anti-immigrant bandwagon I see. The truth is English is not in any danger in the USA whatsoever. Ninety percent of 3rd generation immigrants speak English just fine and many have lost the ability to speak their parent's language. Two women speaking Spanish in the back of a Salvation Army doesn't sound dangerous to me. And why does Kirk think employees must be understood when talking about employers or other employees? What about pig latin or secret hand signals? What a ridiculous suggestion. The whole subject is ridiculous. Everywhere people are learning English - it is in no danger except in the minds of the nativists.
I agree with wrote on Dec 4, 2007 8:10 AM:Jaydee, time to stop paying taxes until our elected EMPLOYEES do as we say they do, not as they feel like doing.
Dr wrote on Dec 4, 2007 8:33 AM:As we struggle to know our domestic enemies. No, matter your political party affiliation, and setting aside your thoughts on issues. We all need to remember what it is to be an American Citizen. We need to make sure our elected representatives obey their Oath of Office and keep their Oath of Allegiance. ... Know whom you are voting for.
If you can sue and win wrote on Dec 4, 2007 9:32 AM:because you're required to speak English, I think perhaps it's time we also consider suing businesses that won't hire people unless they're bilingual for racial discrimination. Shouldn't it go both ways???
Thank you Dave! wrote on Dec 4, 2007 9:43 AM:You have hit the nail on the head with your excellent example of the ramifications involved. This is America. We speak English. Learn the language like previous immigrants have strived to do. If you choose to live in America... become an American. If you choose to speak your native tounge... stay in the country you come from. Immigration has made our great country what it is. Assimilation was and is the key. Why is this so hard for [immigrants] to understand? Because just about everything is offered in Spanish. They have no reason to try...
Gerry wrote on Dec 4, 2007 10:01 AM:My Great Grandparents came to this country legally. They were very proud to speak english and more patiotic then many American born people I know. I'm not sure when things began to change but our constitutional rights have been slowly taken away from us. And us as a nation has been letting it happen. When is the silent majority going to wake up and not be silent any more. People walking across the border any border have more rights than I do. My daughter can't get welfare, food stamps or even free bus passes. I wake up everyday to mariachi music vibrating my windows and spanish being spoken. It's hard to know what Country I am living in. There are good and bad in every race. But it's seems that those who scream the loudest always win. Maybe it is time for our corporate politicians to listen to the people before the silent majority isn't silent any more. You can only be pushed so far. How far are you willing to be pushed?
NCT Edit Correction wrote on Dec 4, 2007 11:21 AM:My post "Thank you Dave!" has been edited and changed. This does not reflect my original opinion. I stated "Why is this so hard for illegals to understand?". The NCT has replaced [immigrants] for illegals. This completely changes my comment. Immigrants are here legally, illegals are not! When did the word "illegal" become taboo enough to edit a comment?
John wrote on Dec 4, 2007 11:22 AM:There can be compelling reasons for English-only in the workplace, but leave it to Kirk to assume that the non-English speaking employees in question were talking about other employees or their employer. But even if they were, the EEOC is quite right in declaring that is not a compelling reason for requiring English-only.
NCT you disgust me! wrote on Dec 4, 2007 11:49 AM:Why would you edit "thank you Dave's" comment from illegal to immigrants. This is exactly why 10 neighbors on my street have cancelled our subscriptions. Though I enjoyed the prep athletics, I just can't support a pro illegal paper!! Will you print this? Probably not!!
I perfer to sue wrote on Dec 4, 2007 12:01 PM:those who don't speak english, I expect service when I shop not needing a translator in my own country.
I had to call computer service wrote on Dec 4, 2007 12:04 PM:and got a foreign country, when I ask why I can't get my computer to work, the foreign rep said, "So I see you can't transport your computer to your place of employment"...ARGH!!!!!
Dear John wrote on Dec 4, 2007 1:18 PM:Kirk assumed nothing. He made a comment. However, he DID report that there have been over 200 cases of people suing for the requirement of English only in the AMERICAN workplace. All the while AMERICAN companies are being held hostage by well funded agents of the Mexican government infiltrating AMERICAN politics, like the Hispanic Caucus and Baca (D-CA). Either stand up for your country, your sovereignty and your language before it is destroyed or go find another country who supports your anti citizen, anti government, anti American leanings, would you?
English Only Workplace wrote on Dec 4, 2007 3:56 PM:I only speak English so the only people I would hire also must speak English. Why? Because it does me no good to have an employee that I can't effectively communicate with.
Ridiculous wrote on Dec 4, 2007 4:22 PM:Just learn the English language already. If you cannot do that then leave this country and take all the politicians you have in your pockets with you.
Pluto wrote on Dec 4, 2007 7:40 PM:If it's so easy to learn another language, why don't you whiners learn Spanish?
Kirk likes big goverment now? wrote on Dec 4, 2007 8:09 PM:This guy only likes the Feds stepping in when it suits his ideology. The guy is a total hypocrite, that is what makes him such a great christian.
To Pluto wrote on Dec 4, 2007 8:16 PM:Because this is America. It may be a melting pot, but English has been the dominant language since its inception. When in Rome speak Italian. When in Paris speak French. When in Mexico speak Spanish. But when you're in America ... You speak ENGLISH!
True American wrote on Dec 5, 2007 4:38 AM:I am sick of trying to communicate with people who can't even speak English! It seems that half the time I go to a restaurant, either the waiter gets my order wrong, or some moron in the kitchen screws up my order because he or she can't speak or understand English! I was at Home Depot the other day and they were announcing things in Spanish over the speakers in the store. I recently hired a contractor to paint my house and do some other construction work, but the workers couldn't understand simple directions in English and screwed up constantly because of it. I could go on and on, but suffice it to say that if anybody expects to function in the USA, they must learn English!!! For the EEOC to sue (or help anyone else to sue) any business or organization over this issue proves that they are nothing but misguided political activists. Clearly Congress has no guts either if they allow a very minor bunch of Hispanic activists to stop legislation aimed at helping with this problem. Speak English dammit, or else go back to Mexico!!! Build that long talked about fence on our southern border and ENFORCE OUR IMMIGRATION LAWS! DO IT BEFORE OUR COUNTRY IS DESTROYED!!!!!
Taylor wrote on Dec 7, 2007 10:59 PM:This may be one of the few occasions I agree with wild-eyed crazy Richard Kirk to some extent. You must absolutely have English language skills to be an American citizen. I think, however, that there is a huge difference between requiring people to have English proficiency at work and an out an out ban on all other spoken languages in the workplace. Should companies be firing employees for speaking Spanish at lunch? Is an English only rule really for improved communication? Presumably these employees have the english skills needed to do their jobs, they just choose to casually speak other languages on occasion. We must ask ourselves what real purpose is served by these rules. But it is not the government's job to be telling companies how to run their businesses. I would rather this be a market driven stigma, as I would not want to support a company that fired employees for speaking Spanish by the water cooler. Though it's wrong, it should be their prerogative. Also, those Americans who are so bent on all English all the time should try living in other countries, where you might be surprised at the accommodations made for your lack of language skills.
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