NEW HAVEN, Conn. -- Five Spanish-speaking immigrants have filed a federal lawsuit challenging a requirement that workers only speak English on the job at a Deep River machine shop.
The five men, here legally from Guatemala and Mexico, filed suit this week in U.S. District Court against GC Industries, a company that manufactures and finishes sheet metal. The men are seeking $100,000 each, plus attorney fees and damages.
In March 2006, the company posted a "Common Language Policy" on the bulletin board of its Winter Avenue plant in Deep River.
Employees are required to speak English during work hours, except during breaks and lunch, according to the notice. Violators risked dismissal. The company cites the reasoning behind the new policy as safety, product quality and efficiency. The policy was also posted in Spanish.
GC Industries, known as Champion Manufacturing on town tax rolls, has two plants in Deep River and a third in Hillsdale, N.J.
Steven Jacobs, a New Haven lawyer representing the immigrants, questions GC Enterprises' explanation. He estimates that Spanish is the first language for up to 80 percent of the company's workers.
"I can't accept the excuse they did this for safety reasons," Jacobs said.
One plaintiff, Andres Moran, who lives in Clinton, claims he was transferred from "packer" to the more strenuous job of "hanger" after he complained to his supervisor about the policy.
Two weeks later he was laid off. Two other plaintiffs have since quit.
Policies dictating English in the workplace may be legal if a company can show a legitimate safety or business reason, according to the Equal Employment Opportunity Commission.
A phone call and e-mail was sent to GC Industries seeking comment.
I can see some guy jabbering at me in Spanish while some piece of machinery dangles percariously above my head. The 3 seconds it takes me to understand what he's blabbering about prove fatal as a 300lb hunk of metal falls & slices me in half.
It's a SAFETY reason we all should speak in a common language in that type of job. Rest assured that if the company required US born citizens to learn Spanish to talk with their fellow workers, you wouldn't hear a peep out of the ACLU or thier ilk.
If I was to go to Guatamala or Mexico and demand the same treatment these workers are suing for, I'd bet there would be a nice jail cell for me and my chances of surviving till my preliminary hearing would be nil. HC
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