The EEOC has been on a warpath against Speak-English-Only rules since the Supreme Court’s decision not to review the 9th Circuit ruling in the much-heralded case of Garcia v. Spun Steak. (1993) [13 F.3d 296]. The Supreme Court’s decision meant the 9th Circuit’s ruling (favoring Spun Steak’s policy) was permitted to stand despite the EEOC’s efforts to overturn the 9th Circuit ruling. Undeterred, the EEOC has subsequently mounted a strong offensive in this domain leading to a number of major settlements. Some examples include:
- A $2.44 million settlement with University of Incarnate Word (Link to settlement)
- A $190,000 settlement with Watlow Batavia, Inc. (Link to settlement)
- A $700,000 settlement with Premier Operator Services (Link to settlement)
- A $450,000 settlement with Skilled Healthcare Group (Link to settlement)
- An $800,000 settlement with a hotel and a property management company (Link to settlement)
- A $975,000 settlement with Delano Regional Medical Center (Link to settlement)
- A $1.5 million settlement with Central Station Casino (Link to settlement)
I could go on and on. This is but a sample of the EEOC’s war against Speak-English-Only rules and the warning is clear – stay away from such policies unless you have reasons for imposing them that are clearly job related and consistent with business necessity.
by Art Gutman, Ph.D., Professor, Florida Institute of Technology
