FROM THE CAPITOL: Language Access

By California State Senator Leland Yee

While speaking one’s native language is protected in cases of employment and housing under state law, such protections are not provided under the state’s civil rights act, which prohibits discrimination within business establishments.

As a result, I have introduced legislation, Senate Bill 242, to add the use of any language to the list of protections under the Unruh Civil Rights Act. Currently, the Act prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation.

The issue stems from a proposed policy announced last summer by the Ladies Professional Golf Association (LPGA) to suspend players who do not speak English. The LPGA later rescinded the proposal after I voiced my objections, together with over 50 civil rights organizations.

Unless English is justified by a business necessity, no one should be discriminated against simply for speaking their language. Senate Bill 242 will rightfully add language to the list of protected classes within California’s civil rights act.

In September of 2008, I led an effort to oppose a discriminatory policy by the LPGA which would have required players on Tour to be proficient in English starting this year. Despite there being no relevance to the sport, the LPGA claimed that it was important for players to be able to interact with American media and event sponsors. Ironically, many of the sponsors are international companies and a number of the tournaments are not held in the United States. No other professional sports league in the United States has such a mandate.

This year there are 122 international players representing 27 different countries, including Jennifer Rosales who plays under the Philippine flag. She became the first golfer from the Philippines to win on an LPGA tour in 2004.

It is quite disheartening that in the 21st century any organization would think such a policy is acceptable. Omitting qualified players from LPGA membership is inappropriate and unsuitable for the world we live in and poorly reflects on the increasingly diverse population of California and the United States. With the passage of Senate Bill 242 such discriminatory mandates will not only be unfair, but illegal.

Under Senate Bill 242, it would be a violation of state law for an entity to adopt or enforce a policy that limits or prohibits the use of any language in a business establishment, unless the language restriction is justified by a business necessity and notification has been provided of the circumstances and the time when the language restriction is required and of the consequences.

California is an increasingly diverse state and many businesses operate internationally. In order to protect our communities from discrimination and to ensure that international businesses want to operate in California it only makes sense that such discriminatory policies be prevented from undermining the progress we have made.