<p class="btxt"><span class="hline">English only here</span><br><span class="subhead">Page, Ariz., restaurant sued for enacting 'no Navajo' language policy</span></p>
<p class="btxt">By John Christian Hopkins<br>Dinι Bureau</p>
<p class="btxt">PAGE, Ariz. Employees at RD's Drive-In restaurant are free to walk in beauty as long as they don't talk in Navajo while on the clock. Five years ago, the Mom and Pop diner enacted a "No Navajo" policy after complaints from some workers that other employees were degrading them in Navajo. Some Navajo customers were also upset at hearing their language being misused, said RD's Manager Steven Kidman. He runs the diner, which was started by his parents Richard and Shauna Kidman more than two decades ago. Kidman posted the new policy, believing it met guidelines set forth by the federal Equal Employment Opportunity Commission. "I went online and researched it myself," Kidman said.
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<p class="btxt">By the Phoenix office of the EEOC took a different view and sued the Kidmans for discriminating against Navajo-speaking employees. The restaurant's policy singled out Navajo, said EEOC Attorney Patrick Lopez.
<span class="subhead">Clumsy wording </span>The Kidmans are breathing a sigh of relief, believing the legal wrangling is over, Kidman said. "It's not quite that simple," said EEOC Acting Regional Attorney Mary Jo O'Neill. The original policy has since been rescinded, and a new one has been submitted to the EEOC for review, Kidman said. The EEOC was supposed to respond within five days, but "it's been weeks," Kidman said.
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<p class="btxt">He admitted that his original policy was poorly worded. The new policy is better worded, having been drafted by professionals, Kidman noted. The EEOC is still reviewing the new policy, Lopez said. The policy isn't the only thing at issue there's a question of whether the Kidman's agreed to a settlement or not. The four employees who were plaintiffs in the case Roxanne Cahoon, Doretta Benally, Elva Begay, and Freda Douglas accepted a monetary settlement from RD's, Lopez said. "To our understanding, the money has not been paid yet," he added. His family has no hard feelings against the four women, Kidman said.
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<div class="btxt">"They believe they were unfairly treated, and they had the right to complain," Kidman said. "But the EEOC, they're crazy." One of the four women involved in the suit doesn't even speak Navajo, Kidman said. "They were looking all over for people to put in the case," he said.
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<div class="btxt"><br><span class="subhead">Hot-button issue</span><br>"We believe this case was unique and important," Lopez said.</div>
<p class="btxt">The Kidman's saw the EEOC's actions as heavy-handed and possibly forcing RD's out of business.</p>
<p class="btxt">Arizona has long been at the forefront of nationwide efforts to make English the country's official language. This case quickly garnered national attention with a New York Times editorial siding with the Navajo, while other national publications supported the Kidmans.
</p>
<p class="btxt">ProEnglish, one of the nation's leading advocates for official English, threw its support squarely behind the Kidmans, even helping to solicit donations to pay the family's mounting legal bills.</p>
<p class="btxt">Proponents of "English only" laws jumped on the case, misusing it for their own political aims, Lopez said.</p>
<p class="btxt">"Usually they target Spanish-speaking people, but this case had nothing to do with Spanish," Lopez said.</p>
<p class="btxt">The restaurant's goal was to serve up good manners while promoting a pleasant dining environment, Kidman said.</p>
<p class="btxt">There was nothing malicious, no anti-Navajo motives behind the policy, he said.</p>
<p class="btxt">Over the years, about 90 percent of RD's employees have been Navajo, as are many of its customers, Kidman said.</p>
<p class="btxt">The family has only respect for Navajo language and culture, but this was simply a business decision, Kidman insisted.<br>Employees can still speak Navajo on their lunch breaks, or if customers prefer it, Kidman said.
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<p class="btxt">The issue is about small businesses "with common sense policies on language in the workplace," according to ProEnglish's Executive Director K. C. McAlpin.</p>
<p class="btxt">The EEOC lawsuit sought $200,000 in punitive damages as well as back pay for four RD's employees.</p>
<p class="btxt">ProEnglish became involved in the case when it stepped in to help the Kidmans pay their attorney's fees.<br></p>
<p class="btxt"><span class="subhead">Settle or meddle?</span><br>The case bogged down over whether or not the Kidmans had agreed to a settlement with the EEOC, Lopez said.</p>
<p class="btxt">"Our position was that they did agree to a settlement," Lopez explained. "They said they didn't, and appealed the court's decision."</p>
<p class="btxt">U.S. District Judge Steven McNamee ruled the Kidmans had agreed to rescind their policy during settlement negotiations with the EEOC. The Kidmans strongly disputed that and appealed to the 9th Circuit Court of Appeals. But a court panel turned them down in a 2-1 decision.
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<p class="btxt">In the summer of 2000, some of RD's Navajo employees complained that other employees were insulting and degrading them in the Navajo language. Some quit their jobs because of it, the Kidmans said.</p>
<p class="btxt">Customers also complained about overhearing profanity and vulgar terms expressed in Navajo, according to the Kidmans.</p>
<p class="btxt">To try and curb these abuses, the Kidmans decided to adopt a policy requiring their employees to speak English on the job.</p>
<p class="btxt">He tried to make sure everything was legal, Kidman said.<br>The EEOC sued Richard, Shauna and Steven Kidman, charging that the RD's workplace language rule illegally discriminated against Navajo-speaking employees on the basis of national origin.
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<p class="btxt">It said the four women were fired after they refused to sign the new English-only policy.</p><a href="http://www.gallupindependent.com/2007/november/112707jch_englishonly.html">http://www.gallupindependent.com/2007/november/112707jch_englishonly.html
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