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Language Rights
The ANCLU ^

Posted on 11/17/2005 5:46:57 AM PST by Tribune7

What is language discrimination ?

Language discrimination means treating someone differently solely because of his or her native language or other characteristics of speech. On the job, for example, an employee may be subjected to language discrimination if the workplace has a "speak-English-only" policy, especially if her primary language is not English. An employee may also be the victim of language discrimination if she is treated less favorably than other employees because she speaks English with an accent, or if she is told she does not qualify for a position because she does not speak English well enough.

But language discrimination doesn't only happen on the job. For example, a person may be denied access to businesses or government services because he or she does not speak English.

Is language discrimination illegal?

Although the law in this area is still developing, there are many court decisions which have found language discrimination to be a violation of people's constitutional rights and civil rights laws.

Some courts have found language discrimination to be the same as discrimination based on race or national origin.

(snip)

The EEOC generally views "speak-English-only" policies as being illegal under the Civil Rights Act unless justified by business necessity.

(Excerpt) Read more at aclunc.org ...


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: Arizona; US: California; US: Texas
KEYWORDS: illigalimmigrant
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A recent thread in which Homeland Security Director Michael Chertoff told Sean Hannity it would be impractical and unwise to round up the 10 million-plus illegals and ship them back got 500-plus responses most of them expressing much ire at Chertoff and the Bush administration, along with businesses that hire people who turn out to have arrived illegally.

I happed to agree with Chertoff. OTOH, it is also true that an uncontrolled border is a very bad thing as is a large unassimilated population.

Now, I'm posting this excerpt from an ACLU site along with a link to illustrate the extent of what we are up against in resolving the issue.

While I don't want to round up Mexicans, I do want them to be encouraged to learn and use English, and I don't want a business harrassed if it tries to use English-only as a means of avoiding hiring illegals.

Further, if this small stupidity can't be resolved there is no hope for more ambitious projects.

1 posted on 11/17/2005 5:46:57 AM PST by Tribune7
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To: Czar; Travis McGee

ping


2 posted on 11/17/2005 5:47:26 AM PST by Tribune7
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To: Tribune7

"In the first place we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the man's becoming in very fact an American, and nothing but an American...There can be no divided allegiance here. Any man who says he is an American, but something else also, isn't an American at all. We have room for but one flag, the American flag, and this excludes the red flag, which symbolizes all wars against liberty and civilization, just as much as it excludes any foreign flag of a nation to which we are hostile...We have room for but one language here, and that is the English language...and we have room for but one sole loyalty and that is a loyalty to the American people."

Theodore Roosevelt 1907


3 posted on 11/17/2005 5:50:00 AM PST by Khepera (Do not remove by penalty of law!)
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To: Tribune7

Assimilation is the key.


4 posted on 11/17/2005 5:52:27 AM PST by satchmodog9 ( Seventy million spent on the lefts Christmas present and all they got was a Scooter)
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To: Tribune7
..or if she is told she does not qualify for a position because she does not speak English well enough...

I can personally attest that Dell Computer Co does not partake in "language discrimination".

(Once I got some one who actually spoke English - I hung up because I thought I dialed the wrong number)

5 posted on 11/17/2005 5:53:35 AM PST by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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To: Khepera

multi-lingualism is not a good thing


6 posted on 11/17/2005 5:54:20 AM PST by Tribune7
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To: Tribune7
My ex-wife arrived from Mexico when she was 14, not speaking a word of English. For years later she graduated Valedictorian of her high school. She served in the Army as an MP during Desert Storm. She never lost her accent. She is the spawn of the devil and a more evil and conniving woman has never existed. Still, she is gorgeous, still has the same figure she had in college and that Salma Hayek type accent of her's drives me wild.


Having an accent should not get her discriminated against. She is a naturalized American Citizen and a Veteran. If anything else, her accent is cute.

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What We Are About To Do Here Is What The Good Lord Would Call A Cleansing of the Wicked. I Call It A Good Old Fashioned Texas Ass Kicking.
7 posted on 11/17/2005 5:55:13 AM PST by speed_addiction (And the Lord said, "Who shall I send? Who will stand for us?" Said I, "Here I am...Send me.")
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To: Tribune7
Language is a skill. If you don't speak English or perform any skill as well as your co-workers you can't expect to advance at the same rate.
8 posted on 11/17/2005 5:58:07 AM PST by Andy'smom
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To: Andy'smom

The two Techs that work for me are Hatian. They would speak French, until they discovered I spoke French. Then they would speak Spanish, until they heard me speak Italian. Then they started speaking Creole. Their language problem was solved.


9 posted on 11/17/2005 6:02:38 AM PST by massgopguy (massgopguy)
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To: speed_addiction
Having an accent should not get her discriminated against.

An accent, no. Ignorance of English, yes.

And while a wise employer would generally overlook conversation in a foreign language among employees, if an employer should seek to discourage it, he shouldn't fear a lawsuit or an EEOC investigation.

10 posted on 11/17/2005 6:02:53 AM PST by Tribune7
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To: Tribune7
The EEOC generally views "speak-English-only" policies as being illegal under the Civil Rights Act unless justified by business necessity.

You've gotta be kidding me!

11 posted on 11/17/2005 6:05:40 AM PST by Tolerance Sucks Rocks (Freedom of speech makes it easier to spot the idiots! --kellynla)
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To: Tribune7

At my workplace, when the Mexicans start speaking Spanish on the radios, someone usually comes on to tell them, "Y'all need to speak English if y'all are gonna be here."
We can't really complain because the owners of the plant are from Chile.


12 posted on 11/17/2005 6:09:36 AM PST by wolfpat (Their, there, they're: Learn the difference.)
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To: wolfpat
At my business, I do not discourage anyone speaking Spanish or any other language among themselves. But if it is work related, it will be English. The only thing I would prohibit under all circumstances is Ebonics. I do not believe anyone should ever be subjected to that sh*t. Ever! This is not a racial thing, I have a black girlfriend. It is a stomp out ignorance at all costs thing!

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What We Are About To Do Here Is What The Good Lord Would Call A Cleansing of the Wicked. I Call It A Good Old Fashioned Texas Ass Kicking.
13 posted on 11/17/2005 6:21:11 AM PST by speed_addiction (And the Lord said, "Who shall I send? Who will stand for us?" Said I, "Here I am...Send me.")
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To: Andy'smom
That's correct, language is a valuable skill that is perfectly appropriate for employers to take into account, just the same as other job skills.

There are some jobs where lack of English would not be a factor. I live in chicken country, and I'd wager that the majority of the chicken pluckers don't speak much English. This doesn't affect their job performance at all, as long as the employer makes the extra effort to hire bilingual supervisors and post all safety and company info in both languages.

However when you have a job that involves face-to-face interaction with English-speaking Americans, fluent English is a job requirement. I don't want to go to a restaurant or a store and have to make sign language to the employees to get what I want. It is perfectly acceptable to deny employment to persons with no English skills in this case.

I made the effort to learn a couple of other languages because I enjoyed it, and it has been a blessing to me. It has also been a marketable job skill for me. But still, if you're going to live and work in America, it's not too much to ask to expect you to learn English. Either that, or continue plucking chickens.

14 posted on 11/17/2005 6:24:40 AM PST by Sender (Team Infidel USA)
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To: speed_addiction

Well thanks for all this important information. Now the rest of us can struggle forward with your clear instructions on how to think and act.


15 posted on 11/17/2005 6:39:25 AM PST by CBart95
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To: CBart95
Well thanks for all this important information. Now the rest of us can struggle forward with your clear instructions on how to think and act.

No thanks are necessary. Just doing my job riding herd. Always glad to be of service and enlighten those in need of it.

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What We Are About To Do Here Is What The Good Lord Would Call A Cleansing of the Wicked. I Call It A Good Old Fashioned Texas Ass Kicking.
16 posted on 11/17/2005 6:46:21 AM PST by speed_addiction (And the Lord said, "Who shall I send? Who will stand for us?" Said I, "Here I am...Send me.")
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To: speed_addiction

You're a wonderful example of Atavism at work.
You've also done a masterful job of masking your latent tendencies as well.
Keep on "ridin' that herd".


17 posted on 11/17/2005 6:59:52 AM PST by CBart95
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To: CBart95
You're a wonderful example of Atavism at work. You've also done a masterful job of masking your latent tendencies as well. Keep on "ridin' that herd".

I see no reason for your apparent desire to cast aspersions on my conservatism. I do not have have an agenda, sir. Nor do I seek to represent myself as nothing else than the American that I am. If you take offense that I had a Mexican wife or currently have a black girlfriend, it is not I who has a problem.

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What We Are About To Do Here Is What The Good Lord Would Call A Cleansing of the Wicked. I Call It A Good Old Fashioned Texas Ass Kicking.
18 posted on 11/17/2005 7:20:38 AM PST by speed_addiction (And the Lord said, "Who shall I send? Who will stand for us?" Said I, "Here I am...Send me.")
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To: Tribune7; Travis McGee
"I happed to agree with Chertoff. OTOH, it is also true that an uncontrolled border is a very bad thing as is a large unassimilated population.

These two statements are in conflict with one another.

" Further, if this small stupidity can't be resolved there is no hope for more ambitious projects."

The biggest threat to "more ambitious projects" are timid expectations and a limp-wristed approach, which is pretty much what has gotten us in this mess to begin with.

No compromises on illegal aliens. Only the full menu of corrective measures will be acceptable (see my post #480 on that 500+ posts thread you mentioned).

Thanks for the ping.

19 posted on 11/17/2005 11:09:04 AM PST by Czar (StillFedUptotheTeeth@Washington)
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To: Czar
"I happed to agree with Chertoff. OTOH, it is also true that an uncontrolled border is a very bad thing as is a large unassimilated population. . . These two statements are in conflict with one another.

If you attempt to remove 10-plus million illegal aliens -- something which will be passively resisted by local law enforcement, and unpopular (your papers, please) with most Americans -- an uncontrolled border will remain as will a large unassimilated population.

20 posted on 11/17/2005 11:49:20 AM PST by Tribune7
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