Judicial Watch • U.S. Sues American Co. For Requiring Workers to Speak English

U.S. Sues American Co. For Requiring Workers to Speak English

U.S. Sues American Co. For Requiring Workers to Speak English

JULY 01, 2014

The United States government is actually suing a private American business for discriminating against Hispanic and Asian employees because they don’t speak English on the job.

It involves a Green Bay Wisconsin metal and plastic manufacturer that fired a group of Hmong and Hispanic workers over their English skills, “even though those skills were not needed to perform their jobs,” according to the feds. More importantly, forcing employees to speak English in the U.S. violates Title VII of the Civil Rights Act of 1964, says the Obama administration.

Here’s the twisted explanation from the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the nation’s workplace discrimination laws; the Civil Rights Act protects employees from discrimination based on national origin, which includes the linguistic characteristics of a national origin group. Therefore, according to this reasoning, foreigners have the right to speak their native language even during work hours at an American company that requires English.

Requirements of English fluency and so-called English only rules are often implemented to make what is really discrimination appear acceptable, says the government attorney handling this case. “But superficial appearances are not fooling anyone,” he assures. “When speaking English fluently is not, in fact, required for the safe and effective performance of a job, nor for the successful operation of the employer’s business, requiring employees to be fluent in English usually constitutes employment discrimination on the basis of national origin — and thus violates federal law.”

Under President Obama the EEOC has taken a number of unprecedented actions to protect foreigners in the workplace, including illegal immigrants. In 2009 the agency issued a controversial order making a workplace English rule illegal. The directive came after the EEOC bullied a national healthcare firm to pay nearly half a million dollars to settle a discrimination lawsuit in which the government alleged that Hispanic workers were punished for speaking Spanish.

The agency has been on a roll ever since, taking legal action against businesses across the country accusing them of everything from discriminating against minorities for running criminal background and credit checks to discriminating against Muslims for not allowing hijabs on the job. The criminal background and credit checks disproportionately exclude blacks from hire, according to EEOC lawsuits against several companies. Businesses that forbid Muslim women from wearing a hijab at work violate religious rights guaranteed under the nation’s civil rights laws even when all head coverings are banned for all employees, the EEOC asserts

Last fall an Obama-appointed federal judge handed the administration a major victory, ruling that a Muslim woman’s civil rights were indeed violated by an American clothing retailer that didn’t allow her to wear the head scarf as required by her religion. The EEOC had filed the lawsuit against retail giant Abercrombie & Fitch, accusing it of religious discrimination for firing 19-year-old Umme-Hani Khan for wearing a hijab at a northern California store. The company, which focuses on hip casual wear for consumers aged 18 to 22, has a policy against head covers of any kind for its employees.

 

 

 

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  • Lertha Muttz

    Yes, Bush was as much to blame for this crap as is obama. O is just carrying on the tradition and saying come on in.

  • Lertha Muttz

    The company will be blamed for not hiring a translator.

  • wilsonsandy2

    LETS MAKE OUR OFFICIAL LANGUAGE ENGLISH FAST!

  • Lore Earll

    No. He is creating pockets of subculture to force mutli-culturalism down the throats of Americans. It will keep the country divided and hating each other. The democrat party cannot survive without this because no one leg of their base agrees with the agenda of, or even LIKES the other legs. Unions vs. eco-terrorists. Blacks vs. hispanics. Jews vs. muslim radicals. I mean think about it. That’s just how STUPID all of these groups of people really are………..

  • http://rossabh.wordpress.com/ Ross Howell

    Obama is creating an America like the countries that illegals are fleeing from = whimsical rule of applications/exemptions from and modification of law, cronies given opportunity over little people, dissent suppressed = be silent or go to jail (border issues with children camps, Walker John Doe Democrat Prosecution Squad for a couple), intimidation by thugacracy such as busses of goons circling representatives of auto company pension investors just before they relinquished their priority in Bankruptcy Court, di Souza writes a $20,000.00 check to help a friend with no effort to conceal it and is threatened with jail (not over yet), but Reid’s daughter gets campaign money and no problem, Gibson Guitar contributes to the Right and they are assaulted by our federal agencies unlike their competition. To say nothing is proof that the Progressive Voter is so politically braindead that they will support the destruction of the gift of America which they owe to their children. The Progressives have waged a long, relentless campaign and their persistence is paying off to the detriment of the world. In his 1890 essay, “Leaders of Men,” Wilson explained that a “true leader” uses the masses like “tools.” He must inflame their passions with little heed for the facts. “Men are as clay in the hands of the consummate leader.” from Jonah Goldberg’s You want a more ‘progressive’ America? Careful what you wish for .

  • HonestConservative

    great point.

  • HonestConservative

    All true, but business is business. The best candidate should get the job although we know that doesn’t always happen or even usually.

  • Heidi

    I’m as real as they come.
    I have a history degree, centered around World Wars I and II. The areas studied were Bolshevik-Communist Russia, Nazi Germany, the Middle East, Latin America, European history (WWI and II), and US history of the 20th century.

    And I am tired of having a people calling themselves “chosen” stealing the wealth of MY nation, and asking MY country to commit atrocities to benefit THEM.
    I have a right to be aggrieved by their actions, and by the actions of MY government when submitting to the Jewish State of Israel and breaking OUR laws.

  • Kilkee

    I suppose in theory they could have been speaking about business. They could have been complaining about the boss. I guess if you want to make sure that no one says anything that you disapprove of you can enforce an all-English rule but it seems unduly harsh on a couple poor guys who are often just trying to get through the day not to be able to kibitz about, oh, the World Cup or the price of coffee.

  • liven-in-iraq

    Seems to me the company can call it a “safety” issue and the government has no standing. If you can’t communicate with your employees during an emergency, then who is to be held accountable? the Government? H3ll no.

  • sambar2

    I’m a woman and my housekeeper is paid extremely well.

    I love when morons pontificate about things they know nothing about on the internet. Seriously, who raised you?

  • Memri Dotorg

    Are you for real or just a stereotype?

  • Heidi

    A bureaucrat is not an elected official… and you know the BS you wrote isn’t true either as we see videos of “police officers and soldiers” committing heinous acts against INNOCENT CIVILIANS.

    You can’t use the ‘law’ to justify your inaction against corruption, while at the same time committing crimes against the population at large, yet too cowardly to actually bring any of these people down who make all of our lives a living hell.

  • Heidi

    Or perhaps she does know enough and just doesn’t want to do it?

    Then you sir, get what you paid for.

  • Heidi

    The Catholic Church was taken over by Crypto Jews. Or have you not read history?
    The Jesuits were Jews. Those in control of the Vatican bank are Jews.

    No matter how you try to spin it – it will always and forever be the Jews. Even Jesus Christ says it in Matthew 23 and John 8 among a whole LOT of other chapters and verses, such as Jeremiah 8.

    It doesn’t matter where you look in history, it’s the Jews.

  • Heidi

    Umm it’s the Jews. Or have you not been paying attention? This sh**ty group of people only constitute 2% of the USA’s population – yet look at how many of them have their tentacles in our government, media, banking, business, etc – yet no one can talk about this without being called a “hater”, a “bigot”, a “racist”, an evil “Anti-Semite” whowantstokillsixmillionjews.

    Perhaps we should ask the Jews why we are supposed to DEFEND Israel to be a “Jewish” State, all the while Jews are here in America leaving our borders gaping open, while Israel expels those trying to ‘immigrate’ there that aren’t Jewish. Remember the Jews are building a wall to keep the ‘illegals’ out, or as they call them ‘invaders’.
    What is good for the goose (Jews) is good for the gander (Gentiles).

    And that is where you will find all the HYPOCRISY because they want to destroy our nation – they almost have with their FIAT currency being mass produced at the PRIVATE federal reserve.

  • Heidi

    LMAO – the scriptures also assure us that sodomites and those caught up in their sins are going to hell – are we supposed to help pave the way to their damnation?

    Don’t tell “Christians” what is or isn’t that their God and Savior commanded to them especially when you don’t seem to know the message Christ actually brought to his people.

    Oh and by the way, rendering to Caesar had to do with TAXATION, not HOMOSEXUALITY.

  • Bob A

    I realize you low information voters struggle with understanding many things.

  • HonestConservative

    You would have to speak Greek to know that they were not speaking about business. The truth is that when someone routinely resorts to another language with others it is going to create division. My husbands grandmother used to resort to Italian in front of her inlaws and she had no idea I understood much of what she was saying, and it wasn’t always harmless.

  • yaph

    Your opening joke doesn’t even make sense.

  • blacksunshine84

    My friend was once denied employment at Home Depot because he didn’t speak Spanish.

  • simplynotred

    No is more of an Erica Holderi with a sticka upa hisa assa magnified by a overzealous leftista agendia.

  • tedshepherd

    Whatever moral or practical basis there is in providing foreign aid is a good reason not to import their most productive citizens. Their home countries need them more than we do. Right, hire Americans.

  • tedshepherd

    Where I used to live, in north Los Angeles, English was the language that the Hispanics used (as a second language) to communicate with the refugees from the former USSR, many of them Armenian, like Governor Deukmejian, or Russian speakers.

  • tedshepherd

    That would make it a fait accompli except for the non compos mentis and some others of hoi polloi.

  • tedshepherd

    It probably feels good for you to ventilate like that though your fantasy is ultimately repugnant. Many of us out here (cops and soldiers) have sworn to uphold the United States Constitution, or uphold it without ever swearing to do so. The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights (ratified December 15, 1791[1]) prohibiting the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments, including torture. The 14th amendment (as I read it) makes the prohibition of cruel and unusual punishment binding on state governments also. For that matter, a kindly human heart also forbids such punishment.

  • tedshepherd

    If a Christian cannot find it in his heart, or in his business interest, to comply with public accommodation laws, then it would be smart for him to stay out of any business where those laws apply. Alternatively, he might intentionally break the law, understanding that the consequences are on his own head. Maybe he could just “render under Caesar” by complying with public accommodation laws and get on with his business without being the moral overseer of anyone else. The Scriptures assure us that all have sinned.

  • tedshepherd

    True, but his predecessor didn’t enforce immigration laws either. It still annoys me that (as I read) Bush forbade Tom Tancredo to visit the White House.

  • tedshepherd

    Your question is probably tongue-in-cheek. Of course, anti-discrimination laws do not apply to protect white people or native speakers of English. The POINT of those laws is to put members of the (fast shrinking) majority at a disadvantage. You knew that. I’m responding out of sympathy with you.

  • Vickie

    Wondering if the reverse is actionable? I have been looking for a job in Washington State for 16 months and about 40% of the jobs require that I speak Spanish. So if an employer is discriminating by requiring English are they not discriminating against me because I don’t speak Spanish?

  • sambar2

    Our housekeeper has been with us for 20 years and she’s legal. Sorry to disappoint you.

  • Kilkee

    I worked for years I a plant where most of the employees were Greek. They spoke Greek to each other all the time, and used whatever little English they had to speak to foremen when needed. No one made them speak English, since they weren’t talking about business in Greek.

  • Kilkee

    So why don’t you hire an English-speaking house cleaner? Let me guess….

  • CharlieSeattle

    It is an act of TREASON by Obama, Holder, Boehner, the gang of 8 and Congress to NOT enforce existing immigration laws as they ALL swore to do!

    It is an act of TREASON by Obama, Holder, Boehner, the gang of 8 and Congress to legalize the dumping of 12-18 million illegal aliens and their naturalized children into this economy and let the unemployed American citizens pick up the tab for their crimes, healthcare and children’s education.

    ☭Traitors have an agenda that transcends patriotism, the rule of law and national security.

    Enforce existing immigration laws!
    Deport ALL illegal aliens NOW!
    End the H-1b visa program and deport ALL that are in the USA.
    Fine and jail ALL those that hire them!

    Obama, Holder, Boehner, the gang of 8 and ALL that support them are F#@king Traitors!

  • NakedTruth

    Someone needs to read about the “Tower Of Babel”.

  • Rexford L

    and yet if your Christian religion and upbringing says you don’t want to bake sodomites a cake, you can and will get sued.. I guess that religion only works for “them” that are doing away with godlessness/moral upbringing (political correctness).

  • D_Smith2020

    Fascinating, yet I can’t sue my own governments which creates miles of sprawling urban neighborhoods full of illegal and their anchors so dangerous that merely walking down the street would result in robbery and assault with a high possibility of my being murdered as well.

  • Andylit

    Show me where you found that. Or are you just speculating?

  • another_engineer

    They were told they had to be proficient in English within a time frame, they did not.

    I live in Wisconsin, these parasites are everywhere.

  • another_engineer

    Remember kids, it was the CIA that UNLAWFULLY said the Montenyards could have citizenship if they fought in McNamara’s war.. well the Laotians that did are dead at least 20 years on the outset and the Catholic church is hauling their great grand kids. to your back yard.

  • another_engineer

    I see the pudgy little overfed hands of the Catholic church, once again involved in the dumping of 3rd worlders in the US.

    Interesting that they don’t have birthright citizenship at the Vatican nor allow citizenship in their “country”.

    They along with the agenda 21 crowd will be the death knell of the US..
    They did it to the roman empire.. they’ll do it here.

  • simplynotred

    Sorry maybe I did not make myself clear. It’s sales/marketing that brings in the business FIRST, without which there is no internal business activity in the production, purchasing, testing, accounting etc. However, all employees should sign a contract from now on instead of just being hired

  • Bob A

    All businesses need communication at all levels of their business. Not just sales.

  • Bob A

    Sorry but the Obama DOJ would consider not hiring them as discrimination also. Its just like affirmative racism forcing businesses to hire less qualified kneegrows over more qualified whites.

  • Bob A

    Why are Hispanics like a cue ball? Because the harder you hit them the more English you get out of them. When these people see it as an advantage they clam, “no speaka da englas”.

  • Bob A

    Right. You don’t understand what your supervisor is telling you and you can communicate with other employees or your supervisors. But stinking Obama wants you to hire these illiterate incompetents! Of course they have already done this with blacks thru affirmative racism.

  • MoonBeamWatcher

    If one enters USA via the FRONT door I believe a measure of skill in English is required?
    Some health checks to be sure one doesn’t have TB or other eradicated US disease!
    While unskilled English speakers seem to have flooded the FOOD & HOSPITALITY
    insustries . . . talk about HEP “C” and TB along with so many others Americans have
    eleminated . . . that’s why immigrates should come in properly vetted!

  • MoonBeamWatcher

    Maybe NOT the Chief . . . but the TEAM/Shift leader that’s another
    situation! I should expect that the LOWER ranks should be able to
    speak English, to qualify for job . . . But I’m not from Califorkinia.

  • MoonBeamWatcher

    Think that’s why they are answering the phone?!
    Same reason to put developmentally disadvantaged on
    the “Return Desk?”

  • MLM

    I am 100% for English being our #1 language but these people shouldn’t have been hired in the first place. My biggest gripe since I have to call comcast at least once a week for their crappy service is I cannot understand the person…..You’re already frustrated it just escalates….

  • MLM

    That is simply not true, my bil was chef of the fire department he doesn’t speak a word in Spanish….

  • Andylit

    Something missing here. How did they get HIRED in the first place?

    HELLO??? These people were apparently speaking an adequate level of English when hired.

    This story reeks of missing information.

  • sambar2

    “even though those skills were not needed to perform their jobs”

    If they can’t understand what their superiors are telling them, how can they perform their jobs?

    I have a housekeeper that comes once a week. She’s been with us forever and we love her. Unfortunately, she speaks and understands only some English. I can’t tell you how many times I’ve given instructions, with hand motions and everything, only to have the task not done as I requested.

    One could argue you don’t need to speak English to clean a house but her lack of understanding English clearly impacts her ability to do her job.

  • MoonBeamWatcher

    In Califonikia one doen’t have to speak ENGLISH to be a ‘Smoke-Eater’ (forest fire fighter)
    BUT. . . in order to be a supervisor one MUST speak Spanish!

  • 57nomad

    Simple, fire all of the non-English speakers and don’t ever hire another one. Then find the nameless, faceless bureaucrat that brought the suit, go to his house, haul him out to the street and cover the little tin god in tar and feathers as a cautionary statement to other vainglorious unproductive parasite government rat ba#%*&@s who are tempted to meddle with the individual freedoms of American citizens.

  • lawngren

    The tower of Babel, this time by human demand instead of God’s decree.

  • 1righton1

    Another option, stop giving these people H1 visa’s…. Companies are paying them less which is why it’s such a big problem. Hire Americans!!!

  • 1righton1

    I work for Fairfax County’s IT department and I tell you from experience, we spend untold hours redoing things because employees don’t speak English fluently. It most certainly impacts day to day operations. The mistake this company made firing these employees because of language issues. They should have indicated they were just derelict performing their job duties.

  • freeboulder

    This was the source of the very first “disparate impact” discrimination lawsuits. It has evolved from there.

  • Babylonandon

    As long as they can speak and understand English when talking with me, I wouldn’t care what language they were speaking in to each other.

  • Steve L Hampton

    It’s no wonder why our economy is still floundering along when we have a government doing this kind of thing to legitimate businesses. How can a business realistically expect to deal with such an asinine requirement?

  • simplynotred

    Employers are going to have to make a contract with their hires in the future. If business earnings are dependent upon English communications on the sales side, then the hired employees needs to sign a contract to agree to speak English only. No contract, No Hire.

  • Lertha Muttz

    And that, my friend, should definitely be illegal. Yet I don’t hear about Dick Holder getting involved in anything to do with it.

  • Lertha Muttz

    How about this, don’t hire them. It’s easy enough to come up with a creative legitimate reason. If you were smart enough to form a company, keeping non English speaking trash out shouldn’t be a bit of a problem.

  • ** Defiant Soul **

    Well, after all, where I live (San Diego County) English is now the secondary language. America gave itself away years ago when it started speaking Spanish in our schools.

  • AirForceMed

    I completely agree! Abercrombie could have saved themselves a lot of money by not hiring the hijab-wearing Muslim! They tried to be hip and cool by hiring a Muslim, then complain about her head gear – they deserve what they got! Same goes for hiring Hispanics. You do it so you can pay them less, then complain about their English skills? Please! Hire people who speak English and pay for the privilege of not being called a dirtbag to your face – in Spanish!

  • Jhn1

    That gets you prosecuted too.

    I worked at the softgel mfg R.P. Scherer back in the mid/late 90s, they had an English only policy. A group of temps in from a new service insisted on non English speaking in everything but direct communications with supervisory personnel. As small theft started, Scherer arranged for a P.I firm to place an employee with those language skills (IIRC a Portuguese variant from South America with the emphasis on variant) And they documented discussions about current theft, and what they were going to have done to a female supervisor they had problems with (young cute Caribbean girl who got promoted after getting a huge chip on her shoulder)(everyone was having trouble with her and most of her shift was trying to transfer out)

    The details never became public, but the gist we caught from a leak in H.R. was she wasn’t going to be a problem especially as she wasn’t going to be in the next shift.

    Massive internal angst, as the aforementioned interpretation was seen to be problematic even to the life/safety? of supervisors or higher. It was only as they were temps, and we dropped that provider and had off the record discussions with the others to try and make sure those gang members were not sent in by somebody else. The only way that we got away from that problem.

  • http://www.survivalboards.com/ Kevin Felts

    Why would anyone want to start a business in the United States.

  • HonestConservative

    It must be difficult to maintain team cohesion when say 1/4 of your employees revert to another language when they so desire. The native English speakers could double down on this stupidity by reverting to pig Latin when another group goes “off Engllish”.

  • Steve L Hampton

    You can’t expect a company to be able to do business in every language under the sun. It’s ludicrous.

  • thegoldman

    Don’t speaka the englashs…

    Don’t come to work in America ! !

  • http://www.truecrimetalk.com/ Holly Briley

    Ive seen many jobs advertised that say “Must speak Spanish ( or other language)” so what make this any different ?

  • Guest

    DON’T HIRE THEM !!! duh..




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