Wednesday, August 27, 2008

PC Gone Berserk



Since when is it the place of government or the courts for that matter to interfere with private enterprises when it comes to their rules? I get pissed when I read this kind of crap. You just know that the ACLU will jump on board ASAP.

Legal questions surround LPGA's new English-only rule


Published: August 27, 2008

Tuesday's bombshell from LPGA headquarters — the news that in 2009 the tour will require its players to be conversant in English — is already the subject of intense debate in and out of the golf community. But the legality of the LPGA's decision must also be questioned.

So-called English-only rules in the workplace are an emerging body of law; the Supreme Court has yet to weigh in. One high-profile recent case, still pending, centered on a Connecticut sheet-metal factory that made English compulsory. The attorney for the workers, Steven D. Jacobs, tells GOLF.com: "Over the last 10 years, there have been a number of decisions in this area, and the courts have consistently decreed that it is permissible for an employer to mandate English-only for two narrow reasons: safety" — air-traffic control being an obvious example — "and efficiency" — such as telephone customer service.

"And that's it," Jacobs continued. "With regards to the LPGA, safety is obviously a non-factor. So the issue becomes, is the language a player speaks fundamental to the competition? I would not want to be the one who has to make that case."

Title VII of the 1964 Civil Rights Act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin.

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"Language and national origin are inextricable," says Jacobs. "The LPGA is making English a precondition of access. That's a classic no-no. I don't see how this will stand up in court if a player challenges it."

LPGA Deputy Commissioner Libba Galloway, a graduate of Duke Law and a practicing attorney before joining the LPGA, disagrees: "We are not discouraging players from speaking other languages. They can talk to their caddie in whatever language they choose. They can speak to other players on the driving range in whatever language they choose. If they're Brazilian and a reporter asks them a question in Portuguese, by all means, answer it in Portuguese. And we're not demanding that the players be perfectly fluent in English. What we're saying is that the ability to speak to your pro-am partners and to the media, and for the winner to give their victory speech in English, will be one of our tournament regulations."

Complete article here: http://www.golf.com/golf/tours_news/article/0,28136,1836650,00.html


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