'English-only' lawsuits on the rise.

The growth of the immigrant population in the United States has seen a corresponding rise in controversial questions, among them whether "English-only" workplace policies are fair--or legal. Except in special circumstances, the Equal Employment Opportunity Commission (EEOC) says they're not, and in recent months the agency has ramped up its challenges to workplace rules that force employees to avoid their native languages on the job.

In September, the Harvest Medical Clinic in Casa Grande, Arizona, settled a lawsuit brought by the EEOC on behalf of several Spanish-speaking clinic employees. The clinic's owners allegedly fired nine workers just days after implementing an English-only rule. The owners said the workers' insistence on speaking Spanish created an uncomfortable workplace for non-Spanish-speakers; the workers countered that the majority of the clinic's customers spoke Spanish.

The EEOC settled a separate lawsuit in November against the Sheraton National Hotel in Arlington, Virginia. The commission brought the case on behalf of Jesus Romero, a dishwasher who was laid off after 16 years when the hotel's restaurant instituted an English fluency requirement. The EEOC argued that as a dishwasher, Romero had little contact with the public and didn't need to speak English.

And in Manhattan, the EEOC is awaiting the final disposition of a case it brought on behalf of Spanish-speaking employees of the Sephora cosmetics chain. The employees said Sephora's Manhattan store had an English-only policy that forbade them from speaking Spanish to each other, not only while working but also while they were on a break or in the lunch room.

"These cases are really coming to the forefront because more immigrants are aware of their rights as these cases are publicized," Said Kimberlie Ryan, a Denver lawyer who has handled several English-only cases. "And the laws are more favorable to plaintiffs in these cases now."

The EEOC says claims against English-only workplace rules have increased 612 percent since 1996. Nearly one in five Americans speaks a language other than English at home, according to the latest U.S. Census Bureau figures. The Spanish-speaking population of the United States has increased 62 percent over the last decade.

"The changing demographics are a big part of this," said Ryan, pointing to a case she brought against the Colorado Central Station Casino in Blackhawk, Colorado, which fired a bilingual manager when she refused to enforce an English-only rule. The casino, which was later sold to another company, rehired the manager and settled the lawsuit, which included 24 other casino workers who said supervisors harassed them for speaking Spanish.

Ryan said the English-only plan was little more than a ploy to get rid of new Hispanic workers. "The influx of Hispanic workers created resentment among other workers," she said. "For instance, the workers I represented at the casino were all very hard workers and had won 'employee of the month' awards. This created jealousy among the other workers."

Federal law prohibits the use of English-only policies unless they are needed for business or safety reasons (for example, in a hospital emergency room, where it is vital that all employees understand each other). Two states, Illinois and California, have outlawed English-only policies.

The issue is also arising in cases involving government services. Robert Rusky, a lawyer with the American Civil Liberties Union (ACLU) of Northern California, said some cases have alleged that government agencies have refused to offer services in Spanish.

"These have been characterized as First Amendment cases, but the real issue is access to government," he said.

Rusky noted that the Arizona Supreme Court struck down a state law requiring that all government business be conducted in English. The court found that this policy would preclude too many citizens from "receiving essential information from government employees and elected officials in Arizona's governments." (Ruiz v. Hull, 957 P.2d 984 (Ariz. 1998).)

Ryan said most of the English-only cases are workplace-related. "And they may be having an impact beyond the Latino community," she said, noting that she recently represented a group of African nationals.

"The EEOC has made this a priority," Ryan said. "It is really important because very often, these cases involve low-wage workers. These people really need help."