Roger Clegg of the Center for Equal Opportunity on the latest abusive lawsuit by the Equal Employment Opportunity Commission (EEOC) and why President Bush needs to appoint a General Counsel who will help prevent such suits from being filed. The suit is against a restaurant that requires its employees to speak English while on the job unless a customer cannot speak English. It does so because it has had morale problems when Navajo workers talk about other employees (who constitute a minority at the restaurant) in the Navajo language. The policy does not constitute employment discrimination in any normal sense, and Clegg points out that courts consistently reject the convoluted theory under which our government tries to twist these facts into a theory of discrimination. Maybe the suit was filed because it’s the end of the year, when the EEOC tends to file more frivolous lawsuits than normal in order to meet litigation quotas. More likely, the EEOC really wants to limit the freedom of businesses to impose reasonable employment requirements, especially ones that can be viewed as promoting national cohesion. In either case, Clegg is right — it’s past time for President Bush to appoint a General Counsel for this out-of-control agency.
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