EEOC SUES SALVATION ARMY FOR DISCRIMINATION AGAINST HISPANIC EMPLOYEES

Suit Says Organization’s English-Only Rule and English Fluency Requirement Discriminated Against Hispanics

BOSTON- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it had sued The Salvation Army for discriminating against two Hispanic employees by requiring them to comply with an English-only policy and imposing an English fluency requirement, even though the employees successfully performed their job duties for at least five years prior to their termination.

The EEOC’s lawsuit, Civil Action No. 07-CV-10620, was filed in the U.S. District Court for Massachusetts.

1“Under EEOC’s guidelines, an English-only rule violates the law unless the employer can provide a legitimate business justification for forcing employees to stop speaking their native language,” said Estela Díz, trial attorney for the EEOC’s New York District Office. “The Salvation Army presented no such justification.”

Requiring employees to speak English where no business necessity exists constitutes national origin discrimination under Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a voluntary settlement. The suit seeks monetary relief, an order requiring the company to implement new policies and practices eradicating past discrimination, and a permanent injunction against such offenses in the future.

Spencer H. Lewis, Jr., the EEOC’s New York District Director, added, “Employers should carefully scrutinize their English-only policies and English fluency requirements to ensure they are not discriminating against employees on the basis of national origin.”

The EEOC is responsible for enforcing the nation’s laws prohibiting employment dis­crim­ination based on race, color, gender (including sexual harassment and pregnancy), religion, national origin, age, disability and retaliation. Further information about the EEOC is available on its web site at www.eeoc.gov.

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