Tuesday's bombshell from LPGA headquarters the news that in 2009 the tour will require its players to be conversant in English is already the subject of intense debate in and out of the golf community. But the legality of the LPGA's decision must also be questioned.
So-called English-only rules in the workplace are an emerging body of law; the Supreme Court has yet to weigh in. One high-profile recent case, still pending, centered on a Connecticut sheet-metal factory that made English compulsory. The attorney for the workers, Steven D. Jacobs, tells GOLF.com: "Over the last 10 years, there have been a number of decisions in this area, and the courts have consistently decreed that it is permissible for an employer to mandate English-only for two narrow reasons: safety" air-traffic control being an obvious example "and efficiency" such as telephone customer service.
"And that's it," Jacobs continued. "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."
Title VII of the 1964 Civil Rights Act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin.
"Language and national origin are inextricable," says Jacobs. "The LPGA is making English a precondition of access. That's a classic no-no. I don't see how this will stand up in court if a player challenges it."
LPGA Deputy Commissioner Libba Galloway, a graduate of Duke Law and a practicing attorney before joining the LPGA, disagrees: "We are not discouraging players from speaking other languages. They can talk to their caddie in whatever language they choose. They can speak to other players on the driving range in whatever language they choose. If they're Brazilian and a reporter asks them a question in Portuguese, by all means, answer it in Portuguese. And we're not demanding that the players be perfectly fluent in English. 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."
The details of the LPGA's new policy are still being worked out, but players who fail an oral evaluation will be suspended from tournament play until they can improve their proficiency with the language. Still, the tour brass has left themselves a little wiggle room. The first evaluations are planned for next fall, as the season is winding down. If a player fails, she would have the long off-season to improve her language skills and be re-tested, meaning, theoretically, she might not miss any tournaments.
According to Galloway, the LPGA already offers its members online language courses and has a cross-cultural professional-development program, but in the coming months the tour will ramp up its commitment to spreading English, providing hands-on tutoring and dedicated staffers to help foreign players "assimilate to the specific demands of this job." One example will be to put players through mock interviews.
"We are not so much focused on the penalties," says Galloway. "If a player needs help, we want to be there for them. It's in their interests and the tour's to make sure they succeed." Indeed it is. Another employment lawyer contacted for this article said, "Oral evaluations are a nightmare because they are so subjective. If you deny someone the chance to make a living based on an oral eval, you are definitely asking to be sued."