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:
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