Workers Sue Over English-only Policy in Deep River, Connecticut

DEEP RIVER - Five Spanish-speaking Hispanic immigrants are questioning the legality of a "common language policy" at GC Industries.

The five men, legally here from Guatemala and Mexico, believe the policy is a violation of their civil rights and have filed a thirteen count lawsuit in U.S. District Court in New Haven.

According to the lawsuit, one of the five was laid off while the other three were forced to quit.

GC Industries is a company that makes a variety of metals including aluminum, stainless steel, cold rolled steel, copper and brass and is known as Champion Manufacturing on Deep River tax rolls.

They have two facilities in town consisting of a manufacturing plant at 6 Winter Avenue and a powder plant at 444 Main Street.

They also have a manufacturing facility in Hillside, N.J.

The language policy is posted on company bulletin boards, signed by company president Thomas Arbella, and became effective on March 15, 2006.

It is posted in English and Spanish and requires workers to speak English only in all GC Industries facilities while they are "on the clock".

"The purpose of this is for safety, quality of product, and efficiency reasons," the policy states, adding that those who violate it can be subject to "warnings either verbal and/or written which may lead to dismissal."

The policy does not apply to employees during break times and lunch periods.

Arbella was unavailable for comment at press time.

A representative from GC Industries said she could not comment on the policy at this time.

The U.S. Equal Employment Opportunity Commission, EEOC, the federal agency that enforces anti-discrimination laws, states on their Web site that English-only policies can only be legally adapted by a company if there is a "business necessity."

Attorney Steven Jacobs from the New Haven law firm Jacobs, Jacobs, and Shannon, who is representing the five men, said the reasons for the policy would "suffice if they were true."

Jacobs said that about 80 percent of the workforce at the Deep River facilities are Spanish-speaking and that "if the majority (of the workforce) was English speaking and a few spoke Spanish, it's easier to justify a policy like that."

Those listed in the suit include Andres Moran, Ron Moran, and Jose Pagoada, all from Clinton, Olvin Ramos, of New London, and Jorge Soto, of West Haven.

While all defendants complained about the policy to their immediate supervisor, Richard Gordon, the suit alleges that Spanish-speaking employees were threatened with termination if they did not comply with the policy.

The policy was "closely monitored and enforced by company management and was in full force and effect at all times," according to the suit.

The five filed charges of discrimination with the Connecticut Commission on Human Rights and Opportunities and the EEOC on April 7, 2006.

Andres Moran and Pagoada filed complaints claiming they were victims of age discrimination while Ron Moran, Ramos, and Soto filed complaints alleging discrimination based on national origin.

In the suit, Andres Moran claims that he was originally employed as a "packer" but was later transferred to the position of a "hanger", a much more strenuous and less desirable position, after complaining about the policy to Gordon.

Reached by telephone, Gordon said he was unable to comment on the policy.

Andres Moran was laid off on March 31, 2006, the suit states, "even though there had been no downturn in the volume of work" at the facility and, as of Nov. 16, 2007, he had not been recalled back to work.

The suit claims that the layoff was an act of retaliation and is in violation of the Civil Rights Act of 1964, the Connecticut Fair Employment Practices Act, and the First Amendment in the U.S. Constitution.

According to the suit, Ron Moran, Ramos, and Soto worked as laborers while Pagoada was employed as a packer and hanger.

The suit alleges that the policy created an "intimidating, hostile, or offensive working environment" to such a degree that Soto and Pagoada were forced to quit.
According to the suit, as of Nov. 16, 2007, Ron Moran is the only defendant still employed at GC Industries.

Jacobs said the lawsuit is seeking compensatory and punitive damages of $100,000 per defendant plus legal fees and punitive damages.

The defendants are requesting a trial by jury but Jacobs said no date has yet been set.