Note:
Jeffrey D. Kirtner, English-Only Rules and the Role of Perspective in Title VII Claims, 73 TEX. L. REV. 871 (1995).
 

Abstract:
The article examines the increasingly contentious issue of ‘English-only’ rules and their position under Title VII. Both the Fifth and Ninth Circuits have sustained the legality of ‘limited English-only’ rules on the grounds that Hispanic plaintiffs have failed to make a prima facie case of national origin discrimination. The article contends that the courts erred and should in the future evaluate disparate impact from the perspective of the protected group, which would ease the burden of making the prima facie case. The article also goes beyond analyzing the prima facie segment of language-based litigation to discuss various business justifications that might be raised as justifications for English-only policies.