Employment Law for Business 6th Edition by Dawn Bennett Alexander ,Laura Hartman

تمرين 14

Rush Presbyterian requires that employees in all job classifications be able to speak and write English. Garcia, a Latino, contends that this rule discriminates against those for whom English is not a first language. The court held that, because there was no evidence that Latinos had been excluded from Rush's workforce in greater numbers than people of other origins, there was no adverse impact on Latinos. Is this true? Couldn't Latinos have been discouraged from even applying and, therefore, those nonapplicants do not appear in the numbers presented in the court? Can you imagine that a rule requiring proficiency in English does not have an adverse effect on minorities? [ Garcia v. Rush Presbyterian, 660 F.2d 1217 (7th Cir. 1981).]