Thread: Does anybody know?

I have tried googling this, but have found nothing. Last night two of my hubby's employees started talking about him in Spanish. He knows they were talking about him because he heard his name more than once. When he reminded them about the work place rules of English only, he was told that a Judge ruled on a case of workplace English. They said the case was against Denny's and the restaurant was fined millions of dollars for treading on civil rights by insisting that all the employees spoke English while on the clock. They told him if he brought it up again, they would be filing a discrimination complaint against him. He is pretty adamant about the English only rule, however, before writing them up he wants to know if our screwed up judicial system really did set him up for a lawsuit. Does anyone here know of any cases? If so, do you know how they were decided? Any links?

thanks for all your help

cayla99:

As screwed up as that sounds, I believe it is correct. (I'll have to search for the exact court/jurisdiction/date, etc)

But, in the meantime, I'd keep this in mind - if people are preparing food for the public, and it is a commercial environment (eg a 'business'), the public's safety and well being depend upon the staff clearly communicating to all others about the tasks to be done. This is especially important with regard to the use of industrial cleaning agents, food cooking instructions/requirements, etc. ... there was a famous case of a restaurant in South Carolina last year where there was an English-Spanish 'miscommunication' between two employees and the Spanish-speaking one mistakenly [read into this, what you will] put a cleaning powder into a mixed drink instead of sugar or salt [?]. The patron then drank some of the poisoned drink, got very sick, but eventually recovered.

The language thing could potentially put the business in a dire liability situation. I am not a lawyer - and hopefully if any of the law folks that lurk our boards see this, maybe they could chime in publicly or privately - but, if in doubt do CYA by relying/justifying on public safety concerns first and foremost (after all, there *is* a real safety concern here potentially).

Tough call Cayla. IMO, there may be a First Amendment free speech issue here. For example, if you and I understood another foreign language would we want an employer telling us that we could not speak to each other in it? But if it is something directly related to the performance of the work I think the employer would be in bounds on it. Hey, but I'm no legal expert, OK?

I have noticed on my job that some of the Hispanics glower at me on occasion--even though I have not even looked at them. A Hispanic woman who appears to be in some managerial role was also acting noticeably uncomfortable the other day. They know something is going on and don't like iit.

Originally Posted by cayla99

Does anyone here know of any cases? If so, do you know how they were decided? Any links?

thanks for all your help

I just googled "English only at Denny's" and came up with the following. I would also suggest the nearest big state university that has a law library and ask if one of their law librarians will help. This type of help is usually free so you don't have to pay a lawyer...

http://www.arthurhu.com/index/language.htm

@@discrimination
\clip\96\02\denylang.txt
Date: Fri, 9 Aug 1996 01:18:23 -0400
Language Controversy at Denny's Heats Up By Ellen Forman, Sun-Sentinel, Fort Lauderdale, Fla.

Woman was disciplined for speaking spanish by Denny's supervisor, but corporation does not have an english-only policy.

A Hispanic friend of mine told me the other day that the pro-illegal crowds are spreading the word on the "pass it along" system to refuse to speak English. I have noticed a few people in shops and such that never spoke Spanish around me before, are now totally speaking Spanish. I am not sure the purpose of this, maybe solidarity against the ICE crack downs.

It all comes down to how someone was raised. With or without manners.

Common courtesy tells us it is rude to speak in another language in front of people who do not speak/understand that language.

In my family, we only spoke our native language where everyone present could communicate. Outside the home, it was English only. Even in high school, we would never be so rude as to start jabbering away in Spanish amongst our English only speaking peers.

Originally Posted by miguelina

It all comes down to how someone was raised. With or without manners.

Common courtesy tells us it is rude to speak in another language in front of people who do not speak/understand that language.

In my family, we only spoke our native language where everyone present could communicate. Outside the home, it was English only. Even in high school, we would never be so rude as to start jabbering away in Spanish amongst our English only speaking peers.

That is the way is should be. I believe second languages enrich lives. I just don't believe they should be spoken around people who do not understand. It even ticks me off when the hubby talks to his dad in Irish on the phone, makes eavesdropping difficult . I firmly believe any nation without a common language will fall.

Miguelina,
you really have some class. I used to date a Swedish guy and it was the same thing. We'd be with his Swedish friends and it was English only around me out of respect. I liked that. I probably should not have let that guy get away!

I also want to thank Miguelina for being considerate and respectful. She's a great addition to our forum.

I agree with Miguelina. It is a matter of respect and courtesy. We were all taught by our parents that doing that is wrong.

Cayla, I would suggest your husband go to the manager and relay what happened. Hey, he can even use the same excuse they use: "They hurt my feelings. I am a human being. I'm just here to work. They're discriminating against me coz I'm not Mexican." LOL. I just love throwing it back at them.