Entertainment & Sports Law

Court Battle Likely Over LPGA's New English-Fluency Rule

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In a decision that is already creating controversy, the LPGA announced this week that the tour would require players to speak English, starting in 2009.

The new rule brings to the fore a developing body of case law concerning English-only workplace rules, reports Sports Illustrated.

And, according to attorney Steven Jacobs, who represents plaintiff workers in such cases, a court case over the golfing group’s new requirement is not only predictable but likely to be an uphill battle.

While it is permissible to require workers to speak English for reasons of safety or efficiency, such a rule can also be used to discriminate on the basis of national origin, Jacobs says. “With regards to the LPGA, safety is obviously a non-factor. So the issue becomes, is the language a player speaks fundamental to the competition? I would not want to be the one who has to make that case.”

However, LPGA Deputy Commissioner Libba Galloway, an attorney who graduated from Duke University School of Law, disagrees.

“We are not discouraging players from speaking other languages. They can talk to their caddy in whatever language they choose. They can speak to other players on the driving range in whatever language they choose,” she tells the magazine. “If they’re Brazilian and a reporter asks them a question in Portuguese, by all means, answer it in Portuguese.”

Nor must players speak perfect English, she adds. “What we’re saying is that the ability to speak to your pro-am partners and to the media, and for the winner to give their victory speech in English, will be one of our tournament regulations.”

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