Intesting article in today's Deseret News.,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. 

Mij Ebaboc

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