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
My last employer was in Nevada and would not hire people from New York because they spoke “Turdy, turd and a turd” which is what they respond if you point out on the map of NYC the intersection of 33rd Street and 3rd Avenue. This was not prejudice against people from New York it was just a requirement that they speak American. My employer explained that this was not a Title VII violation because it was not racial or ethnic or national origin because Yorkies were of American origin but could speak neither what one would regard as The Kings English or American. The employer was a cathouse and indeed some of the hooker prospects who could not get hired complained to the EEOC. Their claims were denied. Backwork did not involve speaking but the exclusion did not involve a category of prejudice such as race, ethnicity or national origin.
As an American Indian whose ancestors were thrown in jail if they spoke their own language–which led to losing entire languages of many American Indian Tribes, I think foreigners who come to this country should at least comply with requirements the native peoples had to. I’m a firm believer in the “when in Rome do as the Romans do” philosophy.
The is cut and dry. The company has a right to use qualified employees. If I give instructions in English and they can’t tell me exactly if they understand ever word I said, am I therefore required to learn their language, Spanglismandarin. If I own a brothel that caters to strait English speaking men, I’m not gonna hire gay men that speak Spanish. That’s not discrimination.
This is taking discrimination to far. I’m all in favor of rights but business owners have them also. Communications is just to important in business. Apparently precise communications is not that important down at the EEOC.
How would one determine the level of English required to do a competent job? To much subjectivity thrown into the mix. It reminds me of women who claim sexual harassment for saying to them that they’re look nice today while looking at their breast. When does a semi- flirtaceous statement made to a women become sexual harassment? Have they ever worked that out in the courts???
We’re celebrating the hundreth anniversary of the World War One, when the Austrian-Hungarian army had to give order in 22 different languages, Belgian squad composed with Flemish-speakers were slaughtered by the enemy because they were unable to understand the informations given to them and French soldiers were executed by shooting because they couldn’t understand the orders given to them by their superiors.
Saith the hog farmer:
If you pigs don’t stop grunting in Pig Latin in the hog pen, you’re gonna be fried like bacon
And Spinny has a good heart.
Yes Squeeky, you are very special.
Paul C. Schulte
Jim22
… Social science isn’t science.
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Opinions noted and recorded baby blue.
Dredd – it is a fact, not an opinion.
Dredd – “The dogma of the Indoctrinated.”
Not dogma, just fact. Social science isn’t science.
Paul C. Schulte
Jim22 – the social sciences are neither social nor a science.
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The dogma of the Indoctrinated.
Dredd – it is the mantra of the enlightened.
Squeeky Fromm, Girl Reporter
@Dredd
… it was I who first spelt it “Babble” with the de rigger “sic. Everybody else was just following suit.
…
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If that makes it important, then start spreading the legs of the presstitutes (the news).
Paul C. Schulte
Dredd – we have chatted about this before. As you well know, symbolic racism does not exist, it is just a way for sociologists to publish or perish.
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Anything that can’t be put in a bubble gum wrapper is not science to you.
Everyone knows what a Luddite is.
I am happy with science, civics, and history (the things you and Spinny claim to teach but know nothing about because holy denial is your new thang).
That is fine, it is an free country.
But you are still ignoring and it is not bliss.
Dredd – ‘thang’? Bad scholarship is still bad scholarship.
@Dredd
You effete wine snifting sanctimonius spelling Nazi!!! If you would read above you would notice that it was I who first spelt it “Babble” with the de rigger “sic. Everybody else was just following suit.
Squeeky Fromm
Girl Reporter
PS : Spelling Nazis are exempt from the civility thingie, aren ‘t they???
Banging on about racism is just a con game of the elite to prevent discussion of their policies which damage huge sectors of the population, to their advantage. Constantly harping on it makes it look as if they actually care about the oppressed, when they are the oppressors. By default everyone who is not dragging racism into every discussion, relevant or not, is made to look racist. The clue to their hypocrisy and con game is that they are the ones who benefit from wholesale flooding of the labour market. They are not the ones making sacrifices. But yapping about it all the time makes them look good and the people they are shoving into the gutter look bad.
Jim, I KNOW!! What has worked for me is simply not even reading the drivel. That takes some real focus, but nothing else helped me but that method. They become invisible, deceased. But, we must all find our own path.
Nick Spinelli
… ignoring fools is the key.
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Yes, but brain lock has many keys because there is much to ignore.
Racisim, hypocrisy, global warming, fools, racism, history, racism.
I hear that the Spin convention will be held in Megacide City this year.
Ignorance is blissy (Megacide City: The Capital of Oil-Qaeda & Nuke-Qaeda).
Highway 61 by baybee bybee …
Dredd,
Very weird. In all the physics, chemistry and calc. classes I don’t remember any topic of racism showing up. Now vectors sure seemed to pop up a lot in different science classes. Or are you talking about the fake sciences also known as social sciences.
Nick,
You are correct, sometimes it’s just to hard to not take the bait.
Jim22 – the social sciences are neither social nor a science.
Jim22
Karen, Isn’t it nice to see the racist comment by Dred showing how he applauds using race to win elections? Just remember WE are the racists, not him.
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After civics, take some science so you can identify the modern racists who run their mouth but not their brain (Symbolic Racism: A Look At The Science – 3).
Then take some reading comprehension class at your local YMCA.
That is if you want to be as good as Spinny The Ignorer.
Dredd – we have chatted about this before. As you well know, symbolic racism does not exist, it is just a way for sociologists to publish or perish.
Jim, The key to enjoying this blog is identifying who to ignore. It took me a long time to find that discipline. And, there are new fools arriving almost daily. But, ignoring fools is the key.
Karen, Isn’t it nice to see the racist comment by Dred showing how he applauds using race to win elections? Just remember WE are the racists, not him.