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FOR IMMEDIATE RELEASE
November 14, 2000
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Contact:
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Tim Schultz 800/787-8216
202/833-0100
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Supreme Court To Rule On Workplace Official English Policy
WASHINGTON, DC - Beauty Enterprises, Inc. (BEI) and U.S. English, the
nation's largest non-profit organization dedicated to preserving the
unifying and empowering role of the English language throughout America,
filed complementary "Friend of the Court" briefs Monday in Alexander v. Sandoval.
The case will decide whether the Alabama Department of Public Safety, based on its
receipt of federal highway funds from the U.S. Department of Transportation, needs to
provide Martha Sandoval of Mobile, Alabama, and other non-English
speaking citizens of Alabama their drivers' license exams in languages
other than English. In 1990, Alabama overwhelmingly voted to enact a
state constitutional amendment that required Alabama state officials
"to take all steps necessary to insure that the role of English as the
common language of the state of Alabama is preserved and enhanced."
The BEI and the U.S. English briefs, both of which are in support of Alabama,
suggest that the question presented to the Supreme Court may well entail
consideration of English language workplace policies and practices such
as the one BEI adopted more than 20 years ago.
"Our speak English in the workplace rule was put in place to solve serious
safety and morale problems at BEI," said Robert Cohen, BEI president.
"Before adopting a speak English in the workplace rule there was a great
amount of tension among employees and even, on several occasions, incidents
of physical violence, as well as safety concerns because employees could not
understand one another. After the rule was adopted tensions were greatly reduced,
safety incidents decreased and overall efficiency went up significantly."
For over twenty years the rule has been in place without incident.
Recently, however, at the urging of a local politician and a disgruntled
former employee, the EEOC and fifteen individuals, of which five are current
full-time BEI employees who collectively have over ninety-five years of
continuous employment with BEI, and ten are individuals placed at BEI, but
employed by temporary staffing services agencies, threatened to file a lawsuit
seeking punitive damages charging that BEI's enforcement of the speak English in
the workplace rule caused disparate impact national origin discrimination.
Mauro E. Mujica, Chairman and CEO of U.S. English stated, "With last week's
overwhelming victory in Utah, over half of the United States now have official
English constitutional or statutory provisions; most, if not all, federal and
state agencies customarily communicate only in English; and private employers
such as BEI impose Official English Rules in their workplaces. The only way for an
immigrant to profit from everything America has to offer is to learn our common
language. The sooner the assimilation, the faster immigrants can empower themselves
to function as members of our society. How do I know this? I am also an immigrant.
My 'mother tongue' is Spanish. I now speak, think, and live American English."
Precedent has been set on the Official English issue by two previous Federal Court cases,
Garcia v. Spun Steak Co. (9th Circuit, 1993) and Long v. First Union Corp of America
(4th Circuit, 1996). In both cases the courts rejected an EEOC 'Speak-English'
guideline that presumes such workplace rules are illegal in the absence of business necessity.
U.S. ENGLISH is the nation's oldest and largest organization dedicated to preserving
the unifying and empowering roles of the English language in the United States.
Founded in 1983 by the late Sen. S. I. Hayakawa of California, U.S.ENGLISH now has
more than 1.4 million U.S. members nationwide.
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