THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Monday, March 6, 1995 TAG: 9503060017
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: ARLINGTON LENGTH: Medium: 63 lines
A human rights commission has ruled that 7-Eleven stores in the Washington area are discriminating against foreign-born employees by requiring them to speak only English while customers are in stores.
The Arlington County Human Rights Commission urged Southland Corp. to soften a policy limiting the use of foreign languages by employees at 800 7-Eleven stores in Virginia and Maryland. The commission said Southland can require its employees to speak in English to customers but it cannot order them to use English in private conversations.
Under Arlington's human rights law, Southland must decide whether to alter its policy on spoken English. If it chooses not to change the policy, county officials can go to court to seek compliance.
A hearing Saturday focused on the unwritten policy in effect at area 7-Eleven stores since 1989. It allows employees to use foreign languages while on break and when the store is empty but requires them to speak English when customers are present.
Tae Keune Kim, 38, of Burke, was criticized by his 7-Eleven manager for speaking Korean to a co-worker in the Arlington store in April 1993.
After Kim protested to company executives, the manager reassigned him to evening shifts, according to testimony, and fired Kim when he did not show up at the new time.
Michael F. Marino, a lawyer representing Southland's Chesapeake division, said Southland has an exemplary record of hiring and promoting foreign-born employees.
But he and store managers said it is a ``business necessity'' that clerks use English when customers are in the store, even when they are not being waited on, because some customers are intimidated when they hear a language other than English being spoken.
``English is the language we speak in the workplace,'' said Otis Peaks, market manager for 72 stores in northern Virginia. Peaks said Kim was the only employee ever formally reprimanded under the policy.
Although the commission rejected the 7-Eleven policy, it ruled that Kim suffered no financial harm because of the policy, and it awarded him no damages.
Kim said he was pleased that the policy was found to be discriminatory. ``I didn't fight for money,'' he said. ``They are limiting my rights.''
Robert V. Ritter, a lawyer representing Kim, said the policy inherently makes foreign-born employees feel uncomfortable.
``This is an English supremacy argument, if you will, and it's not very different from white supremacy arguments of the past,'' Ritter said. ``Mr. Kim feels more comfortable speaking to other Koreans in his own language. That creates better camaraderie and good work relations.'' ILLUSTRATION: ASSOCIATED PRESS photo
Southland attorney Michael F. Marino, standing, questions Tae Keune
Kim at an Arlington human rights commission hearing Saturday. Kim
was criticized by his 7-11 manager for speaking Korean to a
co-worker in the store in April.
by CNB