Intesting article in today's Deseret News.
http://deseretnews.com/dn/view/0,1249,450022058,00.html?
PAGE, Ariz. For more than 20 years, R.D.'s Drive-In has been
serving burgers, fries and shakes here by Lake Powell, all in relative
calm and obscurity.
That changed when customers and employees began complaining that
other workers were making lewd comments about them in Navajo. Worried
about losing business, the owners asked all employees to sign an
agreement to speak English only, except when a customer could not
understand English.
If you feel unable to comply with this requirement, the new work
rule said, you may find another job.
Here's a bit from the EEOC guidelines with reference to English-only
rules. EEOC Title VII prohibits employers from discriminating on the
basis of national origin. (Notice how they weasled around using the
word race again :-))
1606.7 Speak-English-only rules.
(a) When applied at all times. A rule requiring employees to speak only
English at all times in the workplace is a burdensome term and condition
of employment. The primary language of an individual is often an
essential national origin characteristic. Prohibiting employees at all
times, in the workplace, from speaking their primary language or the
language they speak most comfortably, disadvantages an individual's
employment opportunities on the basis of national origin. It may also
create an atmosphere of inferiority, isolation and intimidation based on
national origin which could result in a discriminatory working
environment.7 (FOOTNOTE) Therefore, the Commission will presume that
such a rule violates title VII and will closely scrutinize it.
(FOOTNOTE) 7See CD 71 - 446 (1970), CCH EEOC Decisions 6173, 2 FEP
Cases, 1127; CD 72 - 0281 (1971), CCH EEOC Decisions 6293.
(b) When applied only at certain times. An employer may have a rule
requiring that employees speak only in English at certain times where
the employer can show that the rule is justified by business necessity.
(c) Notice of the rule. It is common for individuals whose primary
language is not English to inadvertently change from speaking English to
speaking their primary language. Therefore, if an employer believes it
has a business necessity for a speak-English-only rule at certain times,
the employer should inform its employees of the general circumstances
when speaking only in English is required and of the consequences of
violating the rule. If an employer fails to effectively notify its
employees of the rule and makes an adverse employment decision against
an individual based on a violation of the rule, the Commission will
consider the employer's application of the rule as evidence of
discrimination on the basis of national origin.
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Mij Ebaboc
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