Bilingualism and Equality: Title VII Claims for Language Discrimination in the Workplace 38 University of Michigan Journal of Law Reform 2004-2005

38 U. Mich. J.L. Reform 57 (2004-2005)
Bilingualism and Equality: Title VII Claims for Language Discrimination in the Workplace

handle is hein.journals/umijlr38 and id is 67 raw text is: BILINGUALISM AND EQUALITY: TITLE VII CLAIMS FOR
LANGUAGE DISCRIMINATION IN THE WORKPLACE
James Leonard*
Linguistic diversity is a fact of contemporary American life. Nearly one in five
Americans speak a language other than English in the home, and influxes of
immigrants have been a constant feature of American history. The multiplicity of
languages in American society has touched nearly all aspects of American cul-
ture, and specifically has added new and important challenges to the American
workplace. Chief among these new concerns are the growing number of legal
claims centered around language discrimination in the workplace. The common
vehicle for these claims has been Title VII, and there is considerable support in the
academic literature for the proposition that Title VII should be read to confer a
right on bilingual employees to use a preferred language in the workplace when
English is not necessitated by business or safety concerns.
This Article examines the usefulness of Title WI as a framework to address the
growing number of language discrimination claims, and concludes that Title VII
is an awkwardly adapted vehicle to address these types of workplace concerns. Ti-
tle VII is based on a civil rights model that promotes even-handed treatment of
employees, and does so through methods of proof that reflect a historically in-
formed skepticism about an employer's motivations when dealing with a protected
class of persons. Workplace language rules, in contrast, rarely involve stereotypes
and normally are pertinent to an employer's operations. To confer a right to speak
in a preferred language goes beyond Title VII's mandate of equal treatment and
amounts to the creation of positive rights that are unconnected with equality in
the workplace.
Part I of this Article introduces the reader to the nature of workplace language
claims and their judicial disposition. Part H surveys the language competencies
of Americans, relying primarily on results reported in the in the 2000 Census.
Results indicate a high degree of English proficiency in the United States, indicat-
ing that the key issue in language policy is a bilingual's desire to speak in a
native tongue, rather than providing for masses of persons who can't speak
English. Part III examines the anti-discrimination concepts which underlie Title
* Professor of Law and Co-Director, Disability Law Institute, The University of
Alabama School of Law. B.A. 1975, University of North Carolina; M.L.S. 1980, University of
North Carolina; J.D. 1986, University of North Carolina. I would like to extend my thanks to
Dean Kenneth C. Randall and The University of Alabama School of Law Foundation for
their support of this research through a generous grant. Penny Gibson of the Bounds Law
Library staff spared no efforts in obtaining several items on interlibrary loan. Peggy
McIntosh, as always, provided first-rate assistance with preparing the manuscript. And,
thanks especially to my wife, Joanne C. Brant of Ohio Northern University's Pettit College of
Law, who loaned her Tide VII expertise to several points of this Article. All mistakes are
properly credited in the byline.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

What Is HeinOnline?

Purchase Access

Contact Us

Log In

NEED HELP?

CONTACT US

Get started

Subscribe to our Newsletter