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The check-out man at one of my local supermarkets (Fresh Gorcer, I
believe) -- in Wynnewood (PA) -- said, when I addressed him in Korean,
that he would be fired if he conversed with me in Korean; but, because
my Korean was good, he was responding me in Korean anyway. He held up
the line of people waiting in line behind me because, he said, he did
not know how I knew that he was Korean. He asked how I knew how to
address him in Korean, without one word in English. I told him that 1)
he looked like a Korean; 2) his English sounded Korean; and (3) that
the way he moved his body was like many Koreans that I knew. He was
very pleased, and very surprised, and wanted to talk more Korean with
me (but NOT at work).<br>
================<br>
<br>
<a class="moz-txt-link-abbreviated" href="mailto:Forty8STITCHES@aol.com">Forty8STITCHES@aol.com</a> wrote:<br>
<blockquote type="cite" cite="mid1df.15999ff2.2d0e8062@aol.com">
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<div>Thought that you'd find this interesting.</div>
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<div>--Chris</div>
<div> </div>
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<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><b>Is It Discrimination?</b><br>
Imagine being banned from speaking your native language at work. That's
exactly what an increasing number of employees are charging. But do
English-only rules have merit? Some say yes, and the courts may fall
more on their side. <br>
<b>What Do You Think?</b> <a
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<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font lang="0" face="Verdana" size="3"
ptsize="14" family="SANSSERIF"><b>When the Boss Says English Only</b></font><br>
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</font></p>
<div class="smallText" id="grayText"><font lang="0" face="Verdana"
size="2" ptsize="10" family="SANSSERIF">By Catherine Valenti</font></div>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">Dec. 11 ��
While she was working at cosmetics store Sephora in New York City's
Rockefeller Center, Leydis Rodriguez says she was prohibited from
speaking Spanish at all times.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">"We were not
allowed to speak our native language on the floor �� and on our lunch
break," she says.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">Rodriguez and
four other women all say they were told to speak English on the job,
including during their breaks, and that managers frequently mimicked
their speech and accents.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">"I would feel
really bad, angry at them, and discriminated [against]," says Mariela
Del Rosario, one of the women filing the suit.</font></font></p>
<!-- /PARAGRAPH OBJECT -->
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">When the
store closed in August of 2002, Rodriguez and two of the women who
spoke out about the English-only rule say they were not offered
positions anywhere else in the company, and lost their jobs.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">Now the Equal
Employment Opportunity Commission is suing Sephora on behalf of the
women for instituting an "English-only" rule, which the commission says
violates Title VII of the Civil Rights Act of 1964, a rule that
prohibits discrimination against workers based on their national
origin, among other factors.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">"Hispanics in
particular were targeted here," says Raechel L. Adams, trial attorney
for the EEOC. "People working in Sephora in Rockefeller Center in
particular who spoke other languages were allowed to speak their
language all day long."</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">For its part,
Sephora says it does not tolerate discrimination of any kind and that
it considers the allegations by the EEOC to be groundless and it will
defend itself vigorously.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">"Furthermore,
we do not have, and never have had, an 'English-only' rule in our
workplace," said a company statement. "In fact, Sephora encourages
employees to use their foreign language skills to facilitate client
service."</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">The Sephora
lawsuit is just one of many cases popping up across the country
alleging that employers are prohibiting workers from speaking their
native language on the job. And with a rising number of non-English
speakers working in the service sector, experts expect there to be more.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText"><b>Demographics
Fuel English-Only Rules</b></font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">The EEOC
tracked 228 charges of English-only type of discrimination in the
workplace for the fiscal year that ended Sept. 30, 2002. That's up
significantly from the 91 cases the commission saw when it first
started tracking English-only cases in 1996.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">According to
the latest census data, nearly one in five people, or 47 million U.S.
residents age 5 and older, speak a language other than English at home,
an increase of 15 million people since 1990. That dramatic jump means
that more and more employers are going to be faced with the question of
dealing with workers who speak another language on the job.</font></font></p>
<!-- /PARAGRAPH OBJECT -->
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">With the
growing number of non-English speakers in the work force, experts say
many employers worry about workers using another language to insult or
harass others. They want to know what's being said in the workplace.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">"From the
employer's perspective, the employer is saying, 'I'm under pressure to
make sure I don't discriminate �� but I'm going to have problems with
productivity and collegiality if these groups go off and speak their
own language,' " says Merrick Rossein, a law professor who specializes
in workplace discrimination at the City University of New York's School
of Law in Queens.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText"><b>No Navajo
on the Job</b></font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">A case in
Page, Ariz., involves RD's Drive-In, a family-owned restaurant that
employs and serves many Navajo Indians. In June 2000, the owners
decided to implement an English-only policy except for when workers
were waiting on people who didn't speak English. The restaurant's
owners, the Kidman family, said some of the workers were using
offensive language in their native tongue on the job.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">Workers were
asked to sign a policy that said, "The owner of this business can speak
and understand only English. While the owner is paying you as an
employee, you are required to use English at all times. The only
exception is when the customer cannot understand English. If you feel
unable to comply with this requirement, you may find another job,"
according to the EEOC.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">Four women
who refused to sign the agreement say they were fired, according to the
EEOC, which is currently suing the restaurant. A lawyer for the Kidman
family says the women left of their own accord.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">The case is
still ongoing, but the Kidmans are standing firm in their case, saying
that the use of abusive language in their restaurant has stopped.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">"They feel
like implementing that policy solved the problem," says Joe Becker, a
lawyer for the Mountain States Legal Foundation, which is representing
the family. "They don't acknowledge or recognize that they've done
anything that violates any laws."</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText"><b>�¤Ô¤³¤Ð¤¼ndeclared
War�� on English?</b></font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">Indeed, the
legality of English-only policies is a subject of great debate. While
the EEOC says it violates Title VII of the Civil Rights Act of 1964,
supporters of English-only policies say that is a loose interpretation
of the act.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">"We find that
the EEOC tries to give short shrift to those legitimate business and
management reasons for trying to implement an English-only policy on
the job," says K.C. McAlpin, executive director of ProEnglish, an
Arlington, Va.-based nonprofit group that promotes the use of English
as the country's official language and is helping the Kidman family to
defend themselves.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">"We call it
their 'undeclared war on English,' " he adds. "We think it puts
employers between a rock and a hard place and it's also bad social
policy for the country at large."</font></font></p>
<!-- /PARAGRAPH OBJECT -->
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">Law professor
Rossein says courts have generally sided in favor of employers who have
English-only policies for workers while they're on the job, rather than
those that ask that they speak English on breaks or at lunch.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">He says many
courts look to a case called Garcia vs. Gloor, in which a man named
Hector Garcia was fired by a company called Gloor Lumber and Supply in
Brownsville, Texas, for speaking Spanish with another employee in
violation of the company's policy. The Supreme Court refused to review
a lower court ruling that upheld the company's firing of the employee.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">"The courts
have been very conservative in this area and have not adopted the
EEOC's guidelines," says Rossein. "The majority of the cases side with
the employer."</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">Still,
lawyers and representatives for the EEOC say they will continue to
fight English-only policies, and expect to see more cases in the coming
years.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText">"When it gets
to the point of impinging on someone's civil rights and when it becomes
discrimination against someone's culture and who he or she is, it's
illegal," says the EEOC trial lawyer Adams.</font></font></p>
<p class="articleText"><font lang="0" face="Verdana" size="2"
ptsize="10" family="SANSSERIF"><font class="articleText"><a
title="http://abcnews.go.com/" href="http://abcnews.go.com/">More From
ABCNews</a></font></font></p>
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<div class="smallText" id="grayText"><font lang="0" face="Verdana"
size="2" ptsize="10" family="SANSSERIF"><font class="articleText"><i>Copyright
2003 ABC News. All rights reserved. This material may not be
published, broadcast, rewritten or redistributed.</i></font></font></div>
<p><font lang="0" face="Verdana" size="2" ptsize="10"
family="SANSSERIF"><font class="articleText">12-11-03</font></font></p>
</div>
</blockquote>
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