English only
For those of you who consider yourselves bilingual or multilingual, what do you think of this statement?
However, the language a person who is multi-lingual elects to speak at a particular time is by definition a matter of choice.
I’m really curious about the truthfulness of this statement after reading a couple of cases on English-only policies in the workplace for my Latinos and the Law course.
The quote above came from the opinion in García v. Gloor (1980) decided by the Fifth Circuit Court of Appeals. In that case, Hector García, a 24 year old employee at a lumber business was fired when he answered a question from another employee in Spanish (the question was in English). García lived and worked in Brownsville and was fully bilingual. His workplace required workers to speak English only unless a customer asked for assistance in Spanish. García said that the rule violated Title VII of the 1964 Civil Rights Act which outlawed discrimination by race, color, religion, sex, or national origin. The court affirmed earlier rulings that firing García for non-compliance was lawful because he did not comply to the English-only rule despite having the ability to do so.
Interesting topic. I was amazed when living in Argentina to meet the Anglo Argentines – born and raised there and then in their 60s – who when speaking Spanish were 100% Argentine and when speaking English sounded like they were still in the British Isles. Beautiful in both languages, but NEVER mixed them. That is not our reality in California. I’m sure some of us would prefer to see greater linguistic purity in Spanish, even as we ourselves are prime examples of code switching in our every day language. I remember reading with fascination those articles on code switching when I was in college – so long ago that the E.R.I.C. materials were considered cutting edge technology. This year, I gave the opening pages of Ilan Stavan’s Spanglish version of Don Quijote to my A.P. lit students when we were reading the novel, and guess which they preferred? I didn’t agree, but I see their point. Lingistic choice is reality. To impose an English only (or even a Spanish only) standard is like shackling the hands of an artist and expecting a great painting.
first of all, that’s an insane reason to fire someone… as you know English is my first language and I learned Spanish later in life… I have to speak both languages in my job, and if my boss ever decided to start firing people for speaking Spanish when they meant to speak English (or vice-versa), I would be out of a job on day one… I usually catch myself a couple of words into the accidental sentence, but for whatever reason, at least once per day I have an INVOLUNTARY slip up.
i think that there are moments when we are deliberate about the language we choose to speak. however, i also believe that there are other moments when our language “choices” are subconscious. we often speak without thinking, and do not choose our words consciously. if we are in an environment that requires us to alternate languages, i think chances increase that we’d speak words subconsciously in spanish or english.
Did they fire anyone who accidentally used an English word while assisting a Spanish speaking customer?
OMG, that’s insane!
I can’t believe they can get away with that crap.
It’s just wrong to fire someone for that reason.
STUPID.
Code-switching isn’t often by choice, so it appears the courts had it right here when they rectified the matter.
Code-switching isn’t how all multilingual or bilingual speakers use their language skills though, so in context, that statement could be true (e.g., the life of an interpreter at the UN) — but not in the context of the case you mention… was that statement you’re referring to related to that case?
kjerringa mot strommen,
Where’d you find the Don Quixote in Spanglish???? I’d love to give that a read!
Kjrerringa,
I’ve been reading about English only rules like the one Arizonans passed in the 1990s that required all government employees and elected officials to speak only in English while working. The other two cases we read were about people being discplined or fired for speaking Spanish on the job. Code-switching is just how I live and sometimes feel I need to do it because the English words just don’t capture what I’m trying to communicate.
Joel,
Where you hired because you are bilingual? Any additional compensation considering it is an additional skill you studied for? I wonder about that kind of stuff too. I think the courts here said that involuntary slip ups are different than this voluntary action by the employee. They emphasized choice.
Jennifer,
See that’s what I thought too. I’ve seen my mom and other people who’s first language is Spanish mess up sentence syntax while speaking in English because they are thinking in Spanish. I really wonder what linguists say about this. The nerd in me is coming out.
Ben,
I don’t think anyone else was fired. The policy at Gloor Lumber allowed the employees to speak in Spanish with a customer if the customer initiated the conversation in Spanish. They were in Brownsville, TX, so it would have been bad business to allow them to speak only English in such a Mexican city.
Bella,
Well, language isn’t necessarily a proxy for national origin which Title VII of the Civil Rights Act does protect. The court didn’t think it was this guy’s privilege to express himself in the language he felt was most comfortable primarily because he was bilingual. Interesting read (especially for a court opinion, which have been really boring).
Derek,
The court didn’t really refer to code-switching, but more like whole conversations or sentences. I haven’t seen any literature on code-switching or how people go from one language to another. The quote is from the opinion in that particular case and was also cited in another case in which a private employer also made an English-only rule.
Brenda,
Good luck getting your grubby hands on the book. I know Ilan Stavans has included the first chapter as part of the Spanglish book.
I was hired because they were looking for someone who was bilingual, I think I started at a higher rate than people before me who spoke English only, but I’m not positive.
Also, you HAVE to get more pictures of Spanglish in action! That picture made my day!
Jeez, give the guy a break! When I was a Peace Corps Volunteer. in Nepal, I sometimes had to travel to my post via India. I could get by in Hindi as well as speaking fluent Nepali, but the two languages are closely related and I couldn’t switch back and forth instantly. It usually took me a day or so to wring all the Hindi out of my Nepali or vice versa.
I’m currently taking a German class immediately followed by a Russian class. It takes me a couple minutes to change gears there.
Maybe there are professional translators who can switch instantaneously and cleanly between several languages, but expecting this of a clerk in a lumber yard is a bit much!
guadalupe valdés has done a lot of research about chicano/a spanish. here is an older article i enjoyed about chicano/a spanish use, including code-switching.
Valdes, Guadalupe. 1988. The Language Situation of Mexican Americans. In S. McKay and S. Wong, eds., Language Diversity: Problem or Resource?: A Social And Educational Perspective on Language Minorities in the United States. Cambridge and New York: Newbury House.
It amazes me how it is possible for some to feel threatened by a language not their own. And annoys me when I hear people say, “You’re in America and you should speak English” Give me a break…
Wow poor guy. Personally I find choice has a huge influence in what language I speak. I’ve learned a lot of french and japanese as well and I love certain phrases from these languages so I knowingly use them.
Still even if it is a choice a person has a right to freedom of speech right? and the first ammendment doesn’t specify that it applies only to certain languages.
Yeah, it’s like being gay. It’s totally a choice. Every day I have the option of choosing my orientation, I have just happened to chose over heterosexuality for the last 23 years… Seriously, I think as Jennifer pointed out, our language choices are for the most part unconscious. I find that this is especially troubling for individuals who were brought up in a bilingual or multilingual settings, not so much for the rest of us who basically grew up with one language and then acquired the other one(s) later in life. I think because I learned English in my teenage years it is not so engrained in my unconsciuos and I can control when I can use it or not with a little more precision. Code-switching for me it’s relatively a new thing that I’ve picked up mainly from Chicano bloggers, and it’s entirely a conscious process, even one that requires a special effort to mimic. You know, just to be the cool Mexicano kid accepted by the Mexican-American kids, jejeje. Anyways, as always it is a pleasure to read you, you always get my brain working.
Well, I’m late to this discussion, but I have a couple of thoughts. One is that I don’t think a governmental entity should be able to get away with this stuff because I believe the First Amendment rights of freedom of speech and expression protect your right to choose to speak Spanish. The second is that I assume this legal decision is technically correct, but only because the plaintiff was unable to convince the jury that race or national origin discrimination was the motive for the English only rule. I think this kind of case could be winnable with the right cross-examination of the people who made the decision to impose the English only policy (and some luck).
And needless to say I think the policy itself is totally stupid.
a choice? only in so much has choosen if you want to fully express yourself. somethings i can’t completly express in english, somethings i can’t completly express in spanish. so sometimes i have to “choose” to express myself (ethos and all).
how do you tell someone in English “no tengo ganas…ay mañana”
Oh yeah, that reminds me I should say that as someone who writes all the time I have a hard time not thinking of what language to use as a choice. But then, I’m pretty English-dominant. I do have an even harder time agreeing that “by definition” what language you use is a choice, as the court in this case said.
oh man. I’m really late. Son chingaderas esas. I reckon’ that for the most part, I can control how I speak, when I speak. But sometimes, it just comes out. Either, English or Spanish. So, I’ve got nothing new to say. You all said it.
I must say that while I agree that it is a person’s choice to speak whatever language they want at a particular workplace, it is inappropriate in most instances. I have had experiences with latino’s, where you ask them something in English and they’ll respond in Spanish amongst people who do not speak spanish. There is a time and place for everything, but when in a serious conversation or in the precense of those who do not speak spanish, I don’t feel it’s quite adequate to speak spanish.
We should reserve the spanish conversations for those who wish to participate in them, and understand that some might feel offended by it, especially if they don’t understand spanish.
Bilingual people (polyglots) working in any workplace should be considerate of appropriate language registers and codes. It’s an essential part of being a strategically competent language speaker. I believe “code-switching” is a cute and powerful way to show our cultural pride and roots, but it can be controlled. As for English being the only language spoken in a workplace, I say no la chinguen. My father was a court interpreter and once read a petition that was making its way around the courthouse asking that English be the ONLY language spoken in the offices. Needless to say, he was offended and the petition was quickly defeated. Personally, I code switch so gringos can’t understand me as I talk shit about them. But that’s just me. Ja! Ja! !?Como crees?!
Ha! I am glad to hear that I am not the only one who talks in Spanish around certain people so I can talk about them. Makes me feel like I am getting away with something.
Jeff, I have to disagree. I think it depends on the circumstance. For instance, in McAllen, the South Texas Border, would it be o.k. to reply in English to a person who has asked a question in Spanish? Negative. So, I guess it just all depends.