Yao, Fukudome, Ichiro, etc., aren't really the same thing because those leagues have an established popularity and aren't on the periphery of awareness. I don't know how I feel about the rule, because they actively court the best talent, then do this. But it wouldn't be like the MLB at all, considering that the Asian-born players are AMONG the best, but not the best. The Koreans are starting to dominate the sport, a sport that is battling for awareness and popularity.
That being said (and I'm no lawyer) but I am not so sure the previous rules would necessarily apply if being a spokesperson is part of the official job description -- or more to the point, will be. If speaking English is an essential job function, your employer can most definitely mandate it, the safety rules previously mentioned be damned. Employees of myriad types of companies can be made to have a facility with English if speaking publicly in English is an essential job function. Think actors, CEOs, tv personalities etc. . Kind of how like casting directors aren't subject to the same gender and age discrimination rules as everyone else if they are casting for a certain role, or big box stores don't have to hire handicapped people or women for stocking positions if lifting heavy objects is an essential quality of the job at hand. (Different matter entirely if they can).
To me, the question is "Is acting the part of a spokesperson an essential quality of being an LPGA golfer, or is this something that is a 'bonus' for the tour?" I don't think that it is, and I think the answer is probably no. But I can see why the tour would want that. they could do this through other avenues, such as financial incentives.
Or, they could just use them to grow the game in their homelands too...
The opening scene of the movie "Saving Private Ryan" is loosely based on games of dodgeball Brian Dawkins played in second grade.
knapplc wrote:Someone ought to sue pretty quick. "English Only" rules are only typically enforceable <snip>.
I think the problem with your statement knapp is that this is not an "English Only" rule at all - it's fine for them to speak Korean or Japanese or Klingon to their caddies and whomever on the course, the rule is they need to be able to speak English as well, so when they are doing interviews etc they can do so in the main language of the audience (who pays their salary indirectly through their purchases from the companies who sponsor the tour) at home.
knapplc wrote:Someone ought to sue pretty quick. "English Only" rules are only typically enforceable <snip>.
I think the problem with your statement knapp is that this is not an "English Only" rule at all - it's fine for them to speak Korean or Japanese or Klingon to their caddies and whomever on the course, the rule is they need to be able to speak English as well, so when they are doing interviews etc they can do so in the main language of the audience (who pays their salary indirectly through their purchases from the companies who sponsor the tour) at home.
Still doesn't work. You can't say that it's OK to use Spanish on the factory floor, but not in the break room. It's all-or-nothing.
Again, these kinds of rules typically only apply when safety is a factor. There is no physical danger to the interviewer or the player if they use an interpreter.
And really, what kind of stupid message is this rule sending, anyway? Are people really so xenophobic that they can't tolerate someone speaking through an interpreter during an interview? Really?
I think people are overreacting here. I don't see anything wrong with this rule. Seeing as how the PGA is in an English speaking country speaking English would allow players to interact better with sponsors and the media. It has become a job requirement. Think of it like any other job. If you're from a foreign country and can't speak English then you're not gonna get hired in a job where you have to interact with customers.
bobbing_headz wrote:I think people are overreacting here. I don't see anything wrong with this rule. Seeing as how the PGA is in an English speaking country speaking English would allow players to interact better with sponsors and the media. It has become a job requirement. Think of it like any other job. If you're from a foreign country and can't speak English then you're not gonna get hired in a job where you have to interact with customers.
You should read up on the law a bit. If someone files suit on this it's very likely that the LPGA will lose. This is not an enforceable rule the way I read it.
It may be a good time to tell everyone that I'm an EEO Investigator, so I'm not just blathering my opinion about this or that when it comes to discrimination. Unfortunately, this is what I deal with every day.
When I first saw this thread I was specifically watching for Dee and Knapp's threads knowing their jobs and extensive knowledge of the law. I also asked my wife as well who works for the state government interpreting laws.
knapplc wrote:If someone files suit on this it's very likely that the LPGA will lose. This is not an enforceable rule the way I read it.
This was my first impression not knowing the laws that would be involved... however it was verified by nearly every law savvy person I know. Will the rule last? "Possibly." If someone sued would it last? "Highly doubtful" is the responses I have gotten.
treat24
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Those are good answers, Treat. "Possibly" and "Highly Doubtful" are two good descriptions. The law, as we all know, is not black and white. But while there are gray areas, it has been my experience that this rule as written and enforced (according to stated intentions), would not hold up in court.
What baffles me is that you would think they would have attorneys who would have explained this to whatever governing body is responsible for this rule, but then again, I wage war against such attorneys all the time for Fortune 500 companies who do know better, yet choose to risk it. There's definitely a cost-to-benefit consideration that these people look at before flouting the law. Maybe they're just willing to risk the backlash? Hard to say.
What irks me is that this is getting a bunch of press, so over the next six-ish months I'm going to have to deal with more of this stuff at work. People read the news and think "If the LPGA can do this, so can I," and the law gets trampled on once again. Bah.
bobbing_headz wrote:I think people are overreacting here. I don't see anything wrong with this rule. Seeing as how the PGA is in an English speaking country speaking English would allow players to interact better with sponsors and the media. It has become a job requirement. Think of it like any other job. If you're from a foreign country and can't speak English then you're not gonna get hired in a job where you have to interact with customers.
You should read up on the law a bit. If someone files suit on this it's very likely that the LPGA will lose. This is not an enforceable rule the way I read it.
It may be a good time to tell everyone that I'm an EEO Investigator, so I'm not just blathering my opinion about this or that when it comes to discrimination. Unfortunately, this is what I deal with every day.
Well, seeing as how I know extremely little on this subject I trust your knowledge here.
So what, does the LPGA just think people are gonna lay down and accept this?
treat24 wrote:Will the rule last? "Possibly." If someone sued would it last? "Highly doubtful" is the responses I have gotten.
knapplc wrote:Those are good answers, Treat. "Possibly" and "Highly Doubtful" are two good descriptions. The law, as we all know, is not black and white. But while there are gray areas, it has been my experience that this rule as written and enforced (according to stated intentions), would not hold up in court.
I wish I could take credit. But those answers were nearly spoken verbatim with my wife's office people (many of whom are lawyers but ALL of them interpret laws for their jobs). Also from a friend of my wife and I that is in grad school it. Like I said before... law savvy people...
treat24
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