English only here By John Christian Hopkins PAGE, Ariz. Employees at RDs Drive-In restaurant are free to walk in beauty as long as they dont talk in Navajo while on the clock. Five years ago, the Mom and Pop diner enacted a No Navajo policy after complaints from some workers that other employees were degrading them in Navajo. Some Navajo customers were also upset at hearing their language being misused, said RDs Manager Steven Kidman. He runs the diner, which was started by his parents Richard and Shauna Kidman more than two decades ago. Kidman posted the new policy, believing it met guidelines set forth by the federal Equal Employment Opportunity Commission. I went online and researched it myself, Kidman said. By the Phoenix office of the EEOC took a different view and sued the Kidmans for discriminating against Navajo-speaking employees. The restaurants policy singled out Navajo, said
EEOC Attorney Patrick Lopez. Clumsy wording Its not quite that simple, said EEOC Acting Regional Attorney Mary Jo ONeill. The original policy has since been rescinded, and a new one has been submitted to the EEOC for review, Kidman said. The EEOC was supposed to respond within five days, but its been weeks, Kidman said. He admitted that his original policy was poorly worded. The new policy is better worded, having been drafted by professionals, Kidman noted. The EEOC is still reviewing the new policy, Lopez
said. The four employees who were plaintiffs in the case Roxanne Cahoon, Doretta Benally, Elva Begay, and Freda Douglas accepted a monetary settlement from RDs, Lopez said. To our understanding, the money has not been paid yet, he added. His family has no hard feelings against the four women, Kidman said. They believe they were unfairly treated, and they had the right to complain, Kidman said. But the EEOC, theyre crazy. One of the four women involved in the suit doesnt even speak Navajo, Kidman said. They were looking all over for people to put in the case, he said.
The Kidmans saw the EEOCs actions as heavy-handed and possibly forcing RDs out of business. Arizona has long been at the forefront of nationwide efforts to make English the country's official language. This case quickly garnered national attention with a New York Times editorial siding with the Navajo, while other national publications supported the Kidmans. ProEnglish, one of the nations leading advocates for official English, threw its support squarely behind the Kidmans, even helping to solicit donations to pay the familys mounting legal bills. Proponents of English only laws jumped on the case, misusing it for their own political aims, Lopez said. Usually they target Spanish-speaking people, but this case had nothing to do with Spanish, Lopez said. The restaurants goal was to serve up good manners while promoting a pleasant dining environment, Kidman said. There was nothing malicious, no anti-Navajo motives behind the policy, he said. Over the years, about 90 percent of RDs employees have been Navajo, as are many of its customers, Kidman said. The family has only respect for Navajo language and
culture, but this was simply a business decision, Kidman insisted. The issue is about small businesses with common sense policies on language in the workplace, according to ProEnglishs Executive Director K. C. McAlpin. The EEOC lawsuit sought $200,000 in punitive damages as well as back pay for four RDs employees. ProEnglish became involved in the case when it stepped
in to help the Kidmans pay their attorney's fees. Settle or meddle? Our position was that they did agree to a settlement, Lopez explained. They said they didnt, and appealed the courts decision. U.S. District Judge Steven McNamee ruled the Kidmans had agreed to rescind their policy during settlement negotiations with the EEOC. The Kidmans strongly disputed that and appealed to the 9th Circuit Court of Appeals. But a court panel turned them down in a 2-1 decision. In the summer of 2000, some of RDs Navajo employees complained that other employees were insulting and degrading them in the Navajo language. Some quit their jobs because of it, the Kidmans said. Customers also complained about overhearing profanity and vulgar terms expressed in Navajo, according to the Kidmans. To try and curb these abuses, the Kidmans decided to adopt a policy requiring their employees to speak English on the job. He tried to make sure everything was legal, Kidman
said. It said the four women were fired after they refused to sign the new English-only policy. |
Tuesday Bullet found in luggage at airport English only here; Page, Ariz., restaurant sued for enacting no Navajo language policy Hopi vice chair accused of misuse of tribal funds |
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