2009 California Senate Bill 242 has a very commendable objective-- it seeks to prevent discrimination on the basis of language spoken by including it within other already protected attributes. An incident in which the LPGA allegedly required participants to speak English for press conferences is cited by many as justification for the measure. Sources indicate that the LPGA has since abandoned any such requirement.
California is a land or unintended consequences, and many are concerned that the application of the bill could spawn a new breed of shakedown lawsuits like many of those already being filed under California's Unruh Act. Claims of abuse of the Unruh Act are rampant; click here for more information. Many are concerned that claims like the following could be made under the current version of the bill:
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A small restaurant with only an English-language menu could be sued by someone who spoke Greek, contending that a pictorial menu (like those commonly seen at airport restaurants) would have been easy and inexpensive for the restaurant to provide, given today's technology. The restaurant could be put in the undesirable position of having to defend the claim and to demonstrate a business necessity for not providing an alternative. The patron could claim that by having no language other than English, the restaurant had a policy which required the use of English, even though arrangements could easily have been made to serve those speaking almost any language.
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Could a company with a standard contract which was only in English be sued on a claim that it required the use of English to take advantage of its goods and services? Given the inexpensive translation services available on the Internet, it could be difficult and costly to demonstrate that a company had a business necessity which prevented it from providing the contract in other languages. After all, other than a written agreement, it might have been possible to communicate most other matters informally.
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This website remains under construction. More to follow.
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