There is an interesting case out of Green Bay, Wisconsin where Wisconsin Plastics, Inc. (WPI) is being sued by the Equal Employment Opportunity Commission (EEOC) for making English speaking a condition of employment. WPI was found by the EEOC to be in violation of Title VII of the Civil Rights Act of 1964, which protects employees from discrimination based on national origin. The company fired Hispanic and Asian employees on the basis of not speaking English in the workplace.
EEOC Chicago Regional Attorney John C. Hendrickson stated that “Our experience at the EEOC has been that so-called ‘English only’ rules and requirements of English fluency are often employed to make what is really discrimination appear acceptable,. But superficial appearances are not fooling anyone. When speaking English fluently is not, in fact, required for the safe and effective performance of a job, nor for the successful operation of the employer’s business, requiring employees to be fluent in English usually constitutes employment discrimination on the basis of national origin — and thus violates federal law.”
The EEOC said that the action was taken after relatively short interviews to judge the English ability of the employees. In 2009 the agency issued a controversial order making a workplace English rule illegal.
While clearly any threshold rule can be used for superficial and discriminatory ways, the Obama Administration seems to view English only rules as per se discriminatory as opposed to an “as applied” discriminatory practice. However, I could see legitimate reasons for a business to want a single language to be spoken by all employees from efficiency to safety concerns.
Here is the policy from the EEOC website:
The EEOC has stated that rules requiring employees to speak only English in the workplace violate the law unless they are reasonable necessary to the operation of the business.
A rule requiring employees to speak only English in the workplace at all times, including breaks and lunch time, will rarely be justified.
An English-only rule should be limited to the circumstances in which it is needed for the employer to operate safely or efficiently.
Circumstances in which an English-only rule may be justified include: communications with customers or coworkers who only speak English; emergencies or other situations in which workers must speak a common language to promote safety; cooperative work assignments in which the English-only rule is needed to promote efficiency.
Even if there is a need for an English-only rule, an employer may not take disciplinary action against an employee for violating the rule unless the employer has notified workers about the rule and the consequences of violating it.
It seems to rule out the argument that a business generally functions more efficiency with a single language in use and that multiple languages can impede actions taken in emergency situations like workplace accidents.
What do you think?
Kudos: Michael Blott
I bet it has nothing to do with the job or job performance. Like others said they had to be interviewed before being hired and they had to be trained.
It has everything to do with a supervisor on the job floor becoming irritated at two female employees speaking in another language while working side by side on an assembly line and then laughing perhaps at a joke or perhaps at the supervisor’s dress or demeanor.
Good thing they were not speaking in American Sign Language.
leej, I have a good heart and it breaks when I see these kids. They are indeed escaping violence. But, there is even worse violence in at least 25 other countries involving hundreds of millions refugees. We can’t take everyone escaping violence in their countries. It would more than double our population. This is a nation of laws. All 4 of my grandparents were immigrants, LEGAL immigrants. They fled famine and poverty. They waited their turn. Does the closer proximity to our country mean these kids get a pass? It is inhumane having a porous border that encourages these kids risking their lives. They are duped by the professional coyotes. The coyotes tell these kids “If you get into the US by July 31st[always changing] you will be allowed to stay w/ amnesty.” And, since the border is so porous, they get them here and leave us to deal w/ them. And, our President has no plan. He is pensive and incompetent, a weird combo.
BarkinDog
I would get the case to the trial level and then start calling witnesses who only speak in foreign languages. Then ask them questions in English. No translator provided by me. Or when judgment day comes if I get a judgment against me offer this: Yo no tengo dinero.
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Do they still do that in the immigration dog pound?
Karen S
Democrats want illegal aliens to have a path to citizenship because they tend to vote Democratic…
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Yep.
That is because the words written on the Statue of Liberty were written by Democrats:
You wrong-wing T-Bagger republicans should pass a law so your kind want to show up here.
Change the plaque to your frame of mind, such as: “You wetbacks are going straight to hell after we throw you in jail and throw away the key so YOU DIE COMMIES.”
Man, Calc. III and Diff. Equations sure would have been easier had my college made fluent English mandatory. I will never forget when he would ask us something and he would get a classroom full of blank stares and then would say, “Why you look at face? Answer not on face. Answer in notes.” He could have been asking us what 2+2 was, but we had no clue.
Karen S
I think the Tower of Babble is applicable.
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What about the ancient Tower of Babel in ancient Babylon?
I would get the case to the trial level and then start calling witnesses who only speak in foreign languages. Then ask them questions in English. No translator provided by me. Or when judgment day comes if I get a judgment against me offer this: Yo no tengo dinero.
http://archive.greenbaypressgazette.com/article/20140609/GPG03/306090350/Discrimination-lawsuit-filed-against-Ashwaubenon-based-Wisconsin-Plastics ” Wisconsin Plastics Inc. is accused of firing Hmong and Hispanic employees because of their national origin by the U.S. Equal Employment Opportunity Commission.
EEOC, which filed suit against Wisconsin Plastics in federal court, said the company fired Hmong and Hispanic employees based on 10-minute observations of their English skills, even though the skills were not needed to perform their jobs. The commission said each of the fired individuals recevied satisfactory ratings on their annual performance evaluations.”
I guess I used to do the same thing when Bush was in office. If an administrative agency issued some order that was offensive then I would characterize it as a Bush decision. Here we have the topic: “Obama Administration sues … ” On this blog we get this on everything that the Executive Branch does. In the Wurie and Riley cases just decided. It is true that the Justice Department was counsel of record in Wurie. But I doubt that Obama made phone calls to make sure that the arguments made in the Supreme Court were to his liking.
BarkinDog – even though Obama blows off his intell briefing I am sure that he and Holder are trading phone calls on a regular basis.
An Obama spokesman explains workplace communications under diversity: The Power of Sharing
SMM, Obama claims many things! We as citizens need to sort out whether those claims are true. What we do know is that Obama has broken the law on immigration, deporting citizens and legal aliens, some of home have died in ICE detention centers.
The Holocaust was, in part, about silencing opposition to Germany’s policies. This administration’s policies are about creating new support, at any cost, after middle class support has been evaporating as quickly as a slough in a drought.
Jill, Obama will claim that he was upholding the law with the deportations. Now that he is not upholding the law on immigration, he is getting sued.
So, my comment is missing again. It shows up in the comment column but not in the actual set of comments. This is a recurring problem.
I agree, SMM, that it’s so interesting how people like Rick Perry and Barack Obama hold essentially the same positions (if you look at actions, not words, such as numbers of deportations, etc.) on a number of issues. You’d think something was up with that!
Under Obama the federal agencies are out of control. English only
while working is nearly always justified. This type of law suit is just another part of Obama’s covert desire to diminish American traditions and values. It’s the United States of America, not the
Diversified States of America. His identity politics are intentionally
destructive.
Obama is on the sh** list with the Hispanic community for being number 1 in deportations. This includes detention and deportation of Hispanic workers legally living/working in the US. Check out Obama’s ICE–there have been deaths in their detention centers.
So, I”m guessing this is some image burnishing for the election season–nothing more.
The EEOC guidelines seem reasonable. If the employer is violating those, then they should be fined and rehire the workers with back benefits and pay.
Karen, what are these documents? Give us a legitimate click. My understanding from all of the news stories I have heard from numerous sources is that these mostly, or all women and children are escaping horrific violence, they are not coming here to get work.They are coming from primarily Honduras, Guatemala and forget the third country that is also not Mexico.
@Karen
Amen x 2!!! It looks to me like the Democratic party is aiming for a Balkanization of the Electorate. Now they have something for women (abortions); something for the sexually confused (same sex marriage);something for Hispanics (open borders) and NOTHING for all of us.
Meanwhile the Republicans are urinating on us and telling us that is just TRICKLE DOWN ECONOMICS. Maybe I will leave Texas and move to Finland.
Squeeky Fromm
Girl Reporter