EEOC Sues Over – Get This – “Spanish-Only” Policy

Constangy, Brooks, Smith & Prophete, LLP
Contact

You’ve heard of “English-only” policies, but here is a new one.

The Equal Employment Opportunity Commission filed suit last week against a Houston-area company for allegedly requiring applicants to be of Hispanic national origin and to speak Spanish.

The EEOC is claiming race and national origin discrimination based on a “pattern or practice,” as well as disparate impact. The lawsuit alleges that Champion Fiberglass, Inc., a manufacturer of fiberglass conduit, struts, and hangers used in the electrical and mechanical markets, rejected applicants for laborer positions who were not Hispanic and did not speak Spanish. The suit also alleges that the company used word-of-mouth recruiting almost exclusively.

According to the lawsuit, non-Hispanic laborers are significantly underrrepresented in the company, and the Spanish language requirement is not job-related or consistent with business necessity.

The company has not yet responded to the lawsuit, so it is unclear what defenses it will assert. Certainly, there are occasions when the ability to speak multiple languages is job-related, and perhaps this was the basis for the company’s search for Spanish-speaking applicants. It is also possible that the company will deny that it engaged in these practices at all.

The lawsuit began with a charge of discrimination filed by Freddie Foster, who is African-American. Mr. Foster alleged that Champion refused to even give him an application because he did not speak Spanish. The EEOC found reasonable cause and alleges that it tried unsuccessfully to conciliate with Champion before filing suit.

The EEOC seeks an injunction prohibiting the discriminatory practices and is seeking back pay and compensatory and punitive damages on behalf of a class of prospective non-Hispanic laborer applicants.

In the past, the EEOC has challenged the discriminatory effects of English-only policies and practices, but suing on the basis of a “no-English” policy is uncommon.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Constangy, Brooks, Smith & Prophete, LLP

Written by:

Constangy, Brooks, Smith & Prophete, LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Constangy, Brooks, Smith & Prophete, LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide