Question
Manuel, a Latino, was born in Portland and is a U.S. citizen. His parents and many of his relatives were born in Mexico. Manuel's family
Manuel, a Latino, was born in Portland and is a U.S. citizen. His parents and many of his relatives were born in Mexico. Manuel's family always spoke Spanish at home. Manuel is bilingual but speaks English with a slight accent. Manuel worked half-time at St John's Hotel while he was attending college. He started working as a "reserve" worker for large banquets, but because he was a hard worker, he was promoted to a waiter in the hotel's upscale restaurant. After about a year, Manuel was promoted to be the restaurant's assistant mnnngcr.
Manuel often uses Spanish handy on the job because most of the hotel's workers are primarily Spanish-speaking. Manual often speaks Spanish with Juan, who supervises the wait staff. Juan was born in Mexico and is legally in the U.S. on a working visit. This week the hotel chain brought in a new restaurant manager named George, who formerly worked in Chicago. George noticed that Manuel, Juan, and other workers frequently spoke Spanish among themselves. This made George feel uncomfortable. George was much stricter than the previous manager and was liked little by the staff.
On Monday morning, George announced a new "English Only" policy. Workers were only to speak and write English while on the job. This included breaks. George explained that the res1nurnnt had few or no Spanish-speaking guests and the
We're in n competitive industry. We need to do everything we can to make their meals with us feel like they are at home. If anyone needs some time to learn English come see me."
The purpose of the new policy was to make the guests comfortable.
11
Required: ManuelandJuanfeelthatthenewEnglish-OnlypolicydiscriminatesagainstthembecausetheynreLatino.
Use the excerpt from the Civil Right Act (below) to answer the following questions.
l. What arguments would Manuel's lawyer use to argue that the new policy is illegal under the statute, and what would the hotel's lawyer argue in opposition? 2. What mguments would Juan's lawyer usetoargue the new policy is illegal, and what would the hotel discuss?
Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate in the workplace based upon race, color, religion, sex, or national origin. The statute provides as follows:
"It shall be unlawful employment practice for an employer...to discriminate against any individual concerning his compensation, terms, conditions,01privileges of employment, because of such individual's race, color, religion, sex, or national origin; or to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's me, color, religion, sex or national origin."
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