Tuesday, January 25, 2011

FROM THE CAPITOL: Protect Language as a Civil Right

By 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. This is why I reintroduced landmark legislation to prohibit businesses from denying service to a patron because of the language he or she speaks. Two years ago, then Governor Arnold Schwarzenegger vetoed similar legislation.

Like Senate Bill (SB) 242 which was introduced in 2009, SB 111 would add protections for language, which prohibits discrimination within business establishments.

The issue for SB 242 originally stemmed from a proposed policy announced in 2008 by the Ladies Professional Golf Association (LPGA) to suspend players who do not speak English. 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.

Recently, a similar case occurred at Delano Regional Hospital in Kern County. Filipino medical staff and workers were singled out and given direct instruction not to speak Tagalog or other Filipino languages, even during their break times.

It is quite disheartening that in the 21st century any organization would think such a policy is acceptable. Discrimination based on national origin and ethnicity will not be tolerated. Individuals have a right to speak their native language when it is not affecting their work or in this case, the care of patients. Speaking one’s language is clearly protected by federal and state law.

The workers at Delano Regional Medical Center deserve greater respect from the hospital’s management. It is particularly discriminatory to single out Filipino languages over others. It is an insult to the professionalism of Filipino American medical workers throughout the State who work to keep the people of California healthy and well.

Workers at the medical center have filed a suit against the hospital, the passing of this bill will ensure that such discrimination will not happen again. It will give individuals freedom to speak their own language within business establishments without unwarranted discrimination.

Although the LPGA rescinded their proposal after objections over 50 civil rights organizations, hospital management has yet to rescind the policy. While their case is likely covered by existing law, SB 111 may strengthen their case as such protections would also be covered by the Unruh Civil Rights Act - the state’s main civil rights law – which prohibits discrimination within business establishments, generally to protect patrons from not receiving service based on sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, and sexual orientation.

SB 111 would prohibit a business from adopting a policy that requires, limits, or prohibits the use of any language within a business establishment. The bill allows a language restriction to be imposed as long as notification has been provided of the circumstances when the language restriction is required. SB 111 does not impose any additional requirements on businesses other than to respect the dignity and diversity of their patrons.

No comments:

Post a Comment