Law would ban California businesses from language discrimination

[Harold Schiffman]

Law would ban California businesses from language discrimination

The state Senate passes the measure in response to a proposal last
year by the Ladies Professional Golf Assn. to suspend golfers who
aren't proficient in English. The measure now moves to the Assembly

By Patrick McGreevy
7:35 PM PDT, April 16, 2009

Reporting from Sacramento -- Alarmed that a professional golf
organization proposed excluding competitors who don't speak English,
the state Senate acted Thursday to prohibit businesses in California
from discriminating against customers, including refusal of service,
based on the language they use. The proposed law has sparked heated
debate throughout the state as well as some anti-immigrant calls to
the office of its author, Sen. Leland Yee (D-San Francisco), who has
had his own experience with discrimination.


Yee proposed the law after the Ladies Professional Golf Assn. last
year proposed, and then backed down from, a policy that would have
suspended golfers who do not speak adequate English. The policy was
based on the premise that language fluency in speeches and media
interviews was critical to the sport's promotion.

The golfers competing in California, including some from Korea and
Mexico, were considered "patrons" of the association, not employees --
who are already protected under the state civil rights act.

Yee said the golfing controversy raised a broader issue of how
businesses operate in California and required changes to state civil
rights laws that already protect customers from discrimination based
on race, gender and disability.


SB 242, which now goes to the Assembly, was approved by a 21-15 vote,
with Republican lawmakers opposed based on concern it would open
businesses up to a rash of civil rights lawsuits if customers felt
they did not get good service.

"I voted against it because I think we're headed down a dangerous road
when government starts mandating what language average citizens must
conduct business," said Senate Minority Leader Dennis Hollingsworth
(R-Murrieta).

The legislation includes an exemption that says firms can require
English to be spoken if it is justified by a "business necessity,"
such as the need for clear communication for safety.

Yee recalled as a young boy going to a San Francisco hardware store
with an uncle who was mistreated because of his lack of proficiency in
English.

patrick.mcgreevy at latimes.com

-- http://www.latimes.com/news/local/la-me-english17-2009apr17,0,4044801.story
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