Lawmakers battle to stop EEOC war on English

There is a new effort in Congress to stop the Equal Employment Opportunity Commission
(EEOC) from prosecuting employers like the Salvation Army over their (legal) English language workplace polices.

For years the EEOC has abused its authority to enforce the civil rights law by accusing employers of illegal ‘national origins’ discrimination if they implement English-on-the-job rules. In the rare cases in which employers have been willing to fight the charges, courts have ruled against the EEOC.

In 1994 for example, the 9th Circuit Court of Appeals ruled in EEOC vs. Spun Steak that the EEOC was acting outside the scope of its authority. But in a chilling display of government arrogance, the EEOC has generally ignored the courts and continues to pursue its anti-English policy.

The agency’s arrogance may prove its undoing. Last year it sued the Salvation Army, accusing the charity of illegal discrimination for firing two employees who refused to comply with an English-on-the-job policy at one of its stores in Massachusetts.

That got the attention of Sen. Lamar Alexander (R-TN). He attached an amendment to a Senate budget bill barring the EOC from using taxpayer money to sue employers over their English-on-the-job policies. But Alexander’s amendment enraged members of the Hispanic Caucus. They demanded that House Speaker Nancy Pelosi (D-CA) strip it out of the omnibus budget bill that Congress passed last December.

Now Sen. Alexander and Rep. Tom Price (R-GA) have introduced bills in Congress that would protect an employer’s right to have an English-on-the-job policy without fear of being sued by the litigious EEOC. Sen. Alexander’s Protecting English in the Workplace Act (S. 2453), reaffirms court rulings that English-on-the-job rules do not constitute ‘national origins’ discrimination under the civil rights law. 

Rep. Tom Price introduced a parallel measure, the Common Sense English Act (H.R. 4464) in the House. Price said, “[English] remains essential to productivity and success in America. Denying employers the right to promote our national language in the workplace only encourages division…” Rep. Paul Broun (R-GA) also has introduced a non-binding resolution in the House condemning the EEOC.

“Three-fourths (77%) of all voters agree employers should have the right to require their employees to speak English at work. We are working to make sure every congressman knows how their constituents feel about this issue and we are optimistic at least one of these bills will pass,” said ProEnglish director of government relations Jayne Robtoy.

Support for official English at all time high

An August 2007 survey of 1,000 registered voters by the Winston Group, an opinion research company, found an astonishing 87 percent favored making English the official language of the United States. The level of public support for official English was even higher than the 84 percent and 85 percent found by two previous polls done during the spring and summer of 2006.

The Winston poll also found that voters wanted ballots and other government documents printed exclusively in English 74 to 23 percent, and favored an employer’s right to have English language workplace policies 80 to 17 percent. Poll respondents also came down strongly in favor of government helping immigrants learn English by making English as a second language classes more widely available.

ProEnglish Chairman Bob Park said, “2008 is an election year. Everyone hoping to be elected or reelected to office should study these poll findings and understand that regardless of party, race, religion, income and every other category, the American people are united in their desire to be one nation with one official language, English.” 

Alaska high court upholds official English

The Alaska Supreme Court ruled 4-1 that the official English law that voters adopted by a landslide 69 percent margin in a 1999 referendum was constitutional.

When a lower court judge struck the law down as unconstitutional in 2002, it was a major news story in the New York Times. But the news that the State Supreme Court reversed the judge’s ruling this November received virtually no media coverage outside of Alaska.

Although the high court upheld most of the law’s provisions, it ruled that one sentence defining the law’s scope was unconstitutional. That sentence read, “The English language is the language to be used by all public agencies in all government functions and actions.”

ProEnglish Chairman Bob Park said, “While we are generally pleased with the court’s ruling, it is an ominous sign that unelected judges can overturn the express will of 69 percent of Alaska’s citizens by stretching the meaning of words and reinterpreting laws to suit their personal desires and preferences.”

The court left standing a section of the law that said that the English language had to be used in the preparation of all official public documents and records.

Cradle of liberty has no tolerance for English sign

Philadelphia, known throughout the world over as the ‘cradle’ of American liberty, has decided that the right to ask your customers to order in English is one liberty too many in today’s intolerant political environment.

The city’s Commission on Human Relations filed a complaint against Geno’s Steaks, home of the city’s famous Philly Cheese Steak sandwich. The complaint charges owner Joey Vento with violating the city’s fair practices ordinance for posting signs at Geno’s take-out windows that say, “This is America. When ordering please speak English.” 

In December the Commission held a six-hour public hearing on its complaint against Vento, and argued that the signs were “discouraging patronage by non-English speaking customers, all because of national origin and / or ancestry.” Commission witnesses testified the signs were insensitive and likely to discourage people from ordering because they would feel “excluded.”

The Southeastern Legal Foundation (SLF), the Atlanta-based group that also represents five ProEnglish Alabama members in a lawsuit aimed at upholding their state’s official English law, is defending Mr. Vento. SLF President Shannon Goessling appeared before the Philadelphia Commission and stated the issue succinctly, “The question is: Do you want the freedom from being offended or do you want the freedom of speech? You can’t have both,” she added.

The complaint is a virtual carbon copy of a 2005 Ohio Civil Rights Commission complaint against a Cincinnati-area bar owner named Tom Ullum, who posted a sign saying “For Service Speak English” in his tavern window. In that instance ProEnglish and SLF joined in defending Ullum, and the complaint was later dismissed.

Rep. King asks court to enforce Iowa law

Before his election to Congress in 2002, U.S. Representative Steve King (R-IA) was almost single-handedly responsible for getting Iowa to adopt official English when he served in the state senate. Now he has gone to court to try and get Iowa officials to obey the law he helped pass.

The measure passed the Iowa legislature with strong bipartisan support and was signed into law by then Democratic Governor Tom Vilsack. But since its adoption state officials have openly flouted the law. The Iowa Secretary of State’s office for example continues to print and distribute voter registration information and forms in Spanish, Vietnamese, Laotian and Bosnian.

On Dec. 21, there was a hearing in state district court on a lawsuit filed by King and a number of co-plaintiffs charging the practice clearly violated the law.

Among the co-plaintiffs were four county officials responsible for overseeing elections. One of them, Jefferson County Auditor Scott Reneker commented, “Voter registration and absentee ballot request forms are official government documents and therefore must be in English.” Reneker also noted that printing such forms in foreign languages was a waste because he had never had a single request for one.

In Congress Rep. King is continuing to lead in the battle for official English. He has introduced The English Language Unity Act, H.R. 997, which currently has 146 bi-partisan cosponsors in the House of Representatives.

Language barrier leads to death

A Virginia man was killed in a fight caused by another man’s inability to understand English.

Thirty-year old Christian Molina, a twice-deported illegal immigrant from El Salvador, strangled 51-year old Ronald Dean Hollingsworth to death in a brawl last September.

According to attorneys involved in the case the altercation broke out after a debate over evolution. Molina’s attorney claimed that because Molina couldn’t understand English, he thought he was being called a homosexual when the term “homo sapiens” was used.

The two men got into a wrestling match and Hollingsworth died from a choke hold. Molina has pled guilty to a charge of voluntary manslaughter.

ProEnglish testifies for Georgia constitution change

In 1986 Georgia adopted a statute making English the state's official language. But as is often the case, state officials ignore the law and continue to issue official state forms and documents in other languages. Georgia, for example, currently allows driver’s license exams to be taken in eleven languages including Arabic, Bosnian, Laotian, and Russian.

Now Georgia State Rep. Tim Bearden (R-Villa Rica) is leading an effort to close those loopholes. He introduced House Res. 413 to add official English to the state constitution. H.R. 413 specifies that, except for things like protecting public health and safety, promoting tourism, etc. all documents and forms issued by state agencies would have to be printed exclusively in English.

ProEnglish national advisory board chairman Phil Kent testified for H.R. 413 at hearings held by the Georgia House of Representatives’ Judiciary Non-civil Committee in February. Kent said, “Allowing people who cannot read and understand highway warning signs in English is a direct threat to public safety. It also makes it a lot easier for illegal aliens to get driver’s licenses. State Rep. Bearden is to be commended for his leadership in trying to close these loopholes,” he added.

Despite overwhelming public support for the measure, H.R. 413 faces an uphill battle. As a constitutional amendment it requires the approval of two-third of both houses in the Georgia legislature. Then the measure has to be approved by the voters in a statewide referendum to become law. ProEnglish encourages all Georgians to contact their elected officials and express their views regarding H.R. 413.

Alabama legislature mulls driver’s license challenge

Members of the Alabama legislature plan to challenge an Alabama Supreme Court ruling that driver’s license exams could be given in foreign languages, notwithstanding a provision of the state constitution making English the state’s official language.

State Sen. Scott Beason (R-Gardendale) and State Rep. Greg Canfield (R-Vestavia Hills) have announced plans to introduce a referendum clarifying that Amendment 509 to the state constitution that Alabama voters adopted by a 9-1 margin in 1990, was intended to apply to state driver’s license exams, as well as other official documents.

The lawmakers’ actions came in response to a 5-4 State Supreme Court ruling last fall on a case brought by five Alabama members of ProEnglish. That lawsuit sought to reinstate Alabama’s policy of giving driver’s license exams exclusively in English, which state officials originally adopted in order to implement the official English amendment.

The English language policy for driver’s test remained in force for seven years until a federal judge intervened to nullify it. But after the judge’s decision was overturned by the U.S. Supreme Court in 2001, Alabama Governor Bob Riley (R) flip flopped on the issue, and maintained the multilingual testing policy.

As a result Alabama continues to give driver’s license exams in fourteen languages including Arabic, Russian, Vietnamese, and Farsi. If Sen. Beason and Rep. Canfield succeed in getting their resolution through the legislature, Alabama voters will have the opportunity to express their will on the issue for a second time in a statewide referendum this November.

France halts funding for newscast in English

“With taxpayers’ money, I am not prepared to broadcast a channel that does not speak French,” said French President Nicolas Sarkozy. The recently elected French leader made the comment when announcing his government’s decision to stop funding the English-language version of France 24, the country’s round-the-clock news channel last fall.

Sarkozy’s predecessor, Jacques Chirac, launched France 24 in 2006 to challenge the worldwide dominance of the English-language broadcast services BBC World and CNN.

Some U.S. taxpayers wish President Bush was as concerned about the use of U.S. taxpayer money as President Sarkozy is of France’s. Instead, the Bush Administration has continued to implement Executive Order 13166, which was originally issued by President Clinton. The order distort the meaning of civil rights to force government agencies at all levels in the U.S. to spend taxpayer dollars to provide services in foreign languages.

Language divide fuels Kenyan violence

The world has watched with sadness as the East African nation of Kenya, once one of the most promising and democratically oriented countries in Africa, succumbed to widespread violence in the wake of a close-fought presidential election. Large areas of the country have been subject to ethnic cleansing and balkanization.

Writing in the New York Times recently, Simiyu Barasa, a Kenyan who lives in the country’s capital Nairobi, reported how tribal languages were being used by the members of one tribe to identify, attack, and kill members of rival tribal groups. He bemoaned the fact that neither of the two languages Kenyans had hoped would transcend ethnic divides and unite the country, English and Swahili were enough to avoid a bloodbath.

Barasa wrote that in the murderous environment Kenyans found themselves locked in, speaking the right language had become a matter of life and death for people like him who are of mixed tribal ancestry. “We must gauge what sort of street or village we are in and, like a chameleon, speak the ‘correct’ tongue.”

ProEnglish executive director K.C. McAlpin commented, “Kenya is a tragic reminder, like Belgium, Ukraine, India, and many other countries, that nations can be either united or divided by language. It is a warning about the fate the United States could face if it exchanges its historic unity in the English language for the divisions inherent in a linguistically divided society.” 

Philippines may make teaching in English mandatory

A Philippine lawmaker said that he and others in the national legislature intend to make teaching all classes in English mandatory throughout the country’s schools, “not because we particularly like the language, but because it has become a necessary tool for us Filipinos to stay competitive, here and abroad.”

Rep. Eduardo Gullas made the comment after introducing a bill that was quickly endorsed by more than 85 percent of the Philippine House of Representatives. The legislator’s action came in response to a report by U.S. State Department, which warned that the Philippines was in danger of losing the comparative advantage in English it once held over other Asian nations.

Gullas noted that Filipinos without English skills were mired in poverty and being left behind. He pointed to countries like India where those who spoke fluent English were the ones cashing in on the nation’s economic boom. Surveys show that even though 65 percent of the Filipino population can speak and understand English, the number has declined by 10 percent since the mid-1990s.

Presidential candidates may differ little on language

Regardless of who wins the Democratic Party’s nomination for president, an issue on which the two major contenders appear to disagree with John McCain – the probable Republican nominee – is official English.

Sen. McCain said he supported official English during a GOP presidential primary debate. Both Sen. Barrack Obama and Sen. Hilary Clinton said they were opposed during a similar Democratic debate. These positions are backed up by the candidates’ vote records in the Senate. In 2006 and 2007, Sen. McCain voted for amendments to immigration bills sponsored by Sen. James Inhofe (R-OK) declaring English the national language of the United States. Both Democratic challengers voted no.

Texas student fights “Spanish-only” curriculum

Ashleigh Allison is a brave girl and a serious student. When the eleven-year old told her mother that she did not want to take the Spanish class her Ft. Worth area elementary school said was required in order to pass the fifth grade, her mother decided to act.

Leigh Allison asked the school to let Ashleigh study French on her own to satisfy the requirement. But the request was rejected by officials of the Grapevine-Colleyville school district where Ashleigh attends school. So Leigh kept her daughter out of the required Spanish class each day and sent notes to the school explaining that she was doing so to protest the school’s “Spanish-only” policy.

Texas encourages it schools to offer foreign language instruction at the elementary and middle school levels “to the extent possible.” Because Spanish is the most common second language spoken and bilingual teachers are widely available, most of the schools that offer language instruction at the elementary level, offer Spanish. But state law does not make it mandatory to for students to study Spanish only, and in high school students can choose from various foreign language options.

In the last ten years the proportion of Hispanic students in the elementary school Ashleigh attends has skyrocketed from 13 percent to 54 percent of the total. Leigh Allison says she feels strongly that immigrants need to learn English and assimilate, and that requiring children like her daughter to learn Spanish, undermines that goal.

Following widespread publicity Ashleigh had to endure harassment by Hispanic classmates who called her mother a “racist.” But her courage paid off. Grapevine School officials have agreed to let her substitute her self-study course in French for Spanish, and finish 5th grade.