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Bills give employers right to require English
Cole, Cuccinelli push bills to protect companies that fire workers for failing to speak English

Date published: 1/18/2008

BY CHELYEN DAVIS

RICHMOND--No habla Ingles? Then the law won't protect you if you're fired as a result.

That's the thrust of bills introduced in the General Assembly this week by Del. Mark Cole, R-Spotsylvania, and Sen. Ken Cuccinelli, R-Fairfax.

Cole's bill states that employers are not guilty of discrimination if they fire employees who violate a company policy requiring them to learn and speak English.

Cuccinelli's measure, drafted to a different section of the state code, says employees who violate such a company policy are guilty of misconduct and thus are not eligible for unemployment benefits if fired.

Cole said he was unaware of Cuccinelli's bill, but had filed his at the behest of constituents worried about a case last year in Massachusetts.

The Equal Employment Opportunity Commission sued the Salvation Army there after the charity fired two Hispanic workers who had not learned to speak English, even though it was the Salvation Army's policy that they do so.

"The thought was to make sure that doesn't happen in Virginia," Cole said. "It's appropriate since English is the official language of Virginia.

"I think that's a reasonable expectation for an employer to expect his employees to speak and understand English. It's just making clear that having English requirements is not discriminatory."

Illegal immigration has prompted dozens of bills this session. But an immigration lobbyist said the English-only bills would punish all immigrants, and especially those in the country legally.

"English-only bills like that are not about (legal immigration) status," said Claire Guthrie Gastanaga of the Virginia Coalition of Latino Organizations. "It puts a stake in the heart of any argument that it's about illegal immigration."

Gastanaga said employers aren't supposed to be hiring undocumented immigrants anyway, so the only people affected would be legal immigrants. And undocumented immigrants are already ineligible for unemployment benefits.

To legal immigrants, she said, it sends a message that there's something wrong with being able to speak another language.

She also said Cole's bill could unfairly punish good workers who are elderly and have more trouble learning a new language. She noted that older people who have lived in the United States for years get special consideration on the requirement that a person learn English to become a naturalized citizen.

Cole sees it differently. He noted that in the past, immigrants to the United States had to learn English as a matter of survival, if not of law.

"I don't think you do people any favors by bending over backwards to accommodate them for not learning English," Cole said. "If you want to get ahead in this society and this economy, you've got to learn English."

Chelyen Davis: 804/782-9362
Email: cdavis@freelancestar.com



Date published: 1/18/2008



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when in rome do as romans do (posted by returninghome , Jan. 23, 2008 4:47 pm)    0 likes
my son is a asst Manager of a restruant, he speaks spanish very well an the slang also from taking it in highschool, hes tired of haveing to speak to them in spanish ! (no he doesnt do the hireing ) he said its a shear head ache one good thing he laughs at they cant talk to him behind his back he knows spanish to well, I belive the rule of thumb should be if your in a country that speaks english then speak it if i went to france id speak french simple, if you want to be here so bad learn to speak it !

Not a racial slur (posted by HibiscusCutie05 , Jan. 23, 2008 1:19 pm)    0 likes
It's solely to make businesses run better. How can employees possibly work together, effiecently if they can't communicate? I don't think it's right for english speaking people to HAVE to learn another language because those people who know the other language decided to come here. America is a just to grow and learn, that includeds to native language.

USA is already a bi-lingual Country (posted by freedomfirst , Jan. 22, 2008 10:53 am)    0 likes
Business caters to spanish speakers. The US government caters to spanish speakers(yeah the social security admin too!) I don't know why this is. English is an easy language to learn, But it cannot be learned if school is taught in spanish and people speak spanish at home and with their friends. Regarding employment..just don't hire non-english speakers if english is required for the job. And if you do because they agreed to learn english and then don't...heave ho!

Don't you see... (posted by slimjim , Jan. 22, 2008 9:27 am)    0 likes
how sad it is when one of Virginia's Delegates has to clarify that "English" is the OFFICIAL Language of Virginia? English is the official language of the entire US of A! In order to survive in a civilization or society, the incoming, new members must adapt to the existing culture, not the other way around. Force people to help themselves and stop giving hand outs to everyone who has a problem with a law, rule, or process. Otherwise, they do not learn from mistakes and make them again!

Illegal immigration starts at the borders (posted by Sled505 , Jan. 22, 2008 6:48 am)    0 likes
and mandating English is a luke warm attempt at addressing that issue. Legal immigrants have always spoken their native language. In every American Family Tree, you will find immigrants,i.e., less Native Americans. I spent ten years working abroad and language barriers, although a challenge, were always overcome. Switzerland is a multi language country and as we all know, Switzerland has survived quite well. It's not about the language we speak, it should be about how secure our borders are.

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