English-only at work: Is it discrimination? - Quad Cities Online

English-only at work: Is it discrimination?

Posted Online: Nov. 24, 2007, 11:08 pm  
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By Stephen Elliott, selliott@qconline.com

Employers requiring their workers to speak English on the job can be sued by the federal government.

Although the U.S. Senate and House have approved legislation authored by U.S. Sen. Lamar Alexander, R-Tenn., to protect employers from those lawsuits, a move is being made to quash it in the House.

Spokesmen for Rep. Phil Hare, D-Rock Island, and Rep. Bruce Braley, D-Waterloo, said they opposed Sen. Alexander's legislation, but for different reasons.

Earlier this year, Sen. Alexander was successful in attaching an amendment to the Commerce-Justice-Science appropriations bill that said no money from it could be used to pay for Equal Employment Opportunity Commission lawsuits against companies for English-only policies.

His legislation was sparked by the EEOC suing a Massachusetts Salvation Army center that required employees to speak English on the job.

According to the Wall Street Journal, the EEOC said the Salvation Army fired two Hispanic employees "for continuing to speak Spanish on the job."

Hispanic leaders in the House were initially successful in defeating Sen. Alexander's legislation. But after the House approved it in a non-binding form earlier this month, they complained Democratic leaders didn't do enough to get members on board for the vote. House Speaker Nancy Pelosi has reportedly promised them the provision would be killed.

Tim Schlittner, Rep. Hare's spokesman, said the congressman is supportive of the EEOC's position.

"He opposed English-only workplaces unless appropriate exceptions are made under legitimate business or safety purposes," Mr. Schlittner said. "He detests discrimination in the workplace.

"He thinks (English-only mandates are) wrong," Mr. Schlittner said. "As long as it doesn't interfere with safety and business purposes in the workplace."

Mr. Schlittner cited exceptions such as a cashier or air traffic controller as instances where requiring workers to speak English would be necessary.

Jeff Giertz, spokesman for Rep. Braley, said he also is opposed to Sen. Alexander's legislation.

"He (Rep. Braley) saw this amendment as more judicial branch versus legislative branch," Mr. Giertz said. "He felt it was up to the courts to decide."

Todd Maisch, vice president of government affairs for the Illinois Chamber of Commerce, said he does not have a formal position on the issue without looking into it further.

"We recognize it is our job to advocate on behalf of employers and shield them from unnecessary litigation," Mr. Maisch said.

Karla Steele, who heads the Hispanic advocacy group Casa Guanajuato, did not return calls for comment.

Newsday and the Wall Street Journal contributed to this article.