Recent Developments in Federal Court Application of the EEOC Guidelines to English-Only Rules
Donald J. Petersen and Harvey R. Boller
DOI: 10.2190/E8FG-LPVY-5VFL-QAHB
Abstract
This article, based on an analysis of federal cases since Garcia v. Spun Steak, looks at the weight accorded by the courts to the EEOC Guidelines dealing with English-only rules. It documents a possible shift in viewpoint by those courts from small or no notice of the Guidelines, to substantial deference. In particular, the courts have emphasized that inadvertent violations of English-only rules should not subject an employee to discipline/discharge. Yet, in the absence of the Supreme Court s review of English-only rules, parties may remain uncertain as to the legality of such rules. Suggestions are offered which may place speak English-only rules in compliance with both the EEOC and the courts.
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