Connecticut: Workers Sue Over English-only Policy in Deep River

[Harold Schiffman]

Workers Sue Over English-only Policy in Deep River, Connecticut: GC
Industries Accused of Discrimination

By Corey Sipe

DEEP RIVER - Five Spanish-speaking Hispanic immigrants are questioning
the legality of a "common language policy" at GC Industries. The five
men, legally here from Guatemala and Mexico, believe the policy is a
violation of their civil rights and have filed a thirteen count
lawsuit in U.S. District Court in New Haven.  According to the
lawsuit, one of the five was laid off while the other three were
forced to quit.  GC Industries is a company that makes a variety of
metals including aluminum, stainless steel, cold rolled steel, copper
and brass and is known as Champion Manufacturing on Deep River tax
rolls.

They have two facilities in town consisting of a manufacturing plant
at 6 Winter Avenue and a powder plant at 444 Main Street.
They also have a manufacturing facility in Hillside, N.J. The language
policy is posted on company bulletin boards, signed by company
president Thomas Arbella, and became effective on March 15, 2006. It
is posted in English and Spanish and requires workers to speak English
only in all GC Industries facilities while they are "on the clock".
"The purpose of this is for safety, quality of product, and efficiency
reasons," the policy states, adding that those who violate it can be
subject to "warnings either verbal and/or written which may lead to
dismissal."

The policy does not apply to employees during break times and lunch
periods. Arbella was unavailable for comment at press time.
A representative from GC Industries said she could not comment on the
policy at this time. The U.S. Equal Employment Opportunity Commission,
EEOC, the federal agency that enforces anti-discrimination laws,
states on their Web site that English-only policies can only be
legally adapted by a company if there is a "business necessity."
Attorney Steven Jacobs from the New Haven law firm Jacobs, Jacobs, and
Shannon, who is representing the five men, said the reasons for the
policy would "suffice if they were true."

Jacobs said that about 80 percent of the workforce at the Deep River
facilities are Spanish-speaking and that "if the majority (of the
workforce) was English speaking and a few spoke Spanish, it's easier
to justify a policy like that."  Those listed in the suit include
Andres Moran, Ron Moran, and Jose Pagoada, all from Clinton, Olvin
Ramos, of New London, and Jorge Soto, of West Haven. While all
defendants complained about the policy to their immediate supervisor,
Richard Gordon, the suit alleges that Spanish-speaking employees were
threatened with termination if they did not comply with the policy.

The policy was "closely monitored and enforced by company management
and was in full force and effect at all times," according to the suit.
The five filed charges of discrimination with the Connecticut
Commission on Human Rights and Opportunities and the EEOC on April 7,
2006.  Andres Moran and Pagoada filed complaints claiming they were
victims of age discrimination while Ron Moran, Ramos, and Soto filed
complaints alleging discrimination based on national origin.  In the
suit, Andres Moran claims that he was originally employed as a
"packer" but was later transferred to the position of a "hanger", a
much more strenuous and less desirable position, after complaining
about the policy to Gordon.

Reached by telephone, Gordon said he was unable to comment on the
policy.  Andres Moran was laid off on March 31, 2006, the suit states,
"even though there had been no downturn in the volume of work" at the
facility and, as of Nov. 16, 2007, he had not been ecalled back to
work.  The suit claims that the layoff was an act of retaliation and
is in violation of the Civil Rights Act of 1964, the Connecticut Fair
Employment Practices Act, and the First Amendment in the U.S.
Constitution. According to the suit, Ron Moran, Ramos, and Soto worked
as laborers while Pagoada was employed as a packer and hanger.

The suit alleges that the policy created an "intimidating, hostile, or
offensive working environment" to such a degree that Soto and Pagoada
were forced to quit.  According to the suit, as of Nov. 16, 2007, Ron
Moran is the only defendant still employed at GC Industries. Jacobs
said the lawsuit is seeking compensatory and punitive damages of
$100,000 per defendant plus legal fees and punitive damages. The
defendants are requesting a trial by jury but Jacobs said no date has
yet been set.


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