By:  Davila                                          H.C.R. No. 154
       73R11227 BNL-F
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, While many nations base their identities upon bonds
    1-2  of common heritage and ancestry, the United States is a nation
    1-3  founded by immigrants, and Americans derive their national identity
    1-4  from the shared values of freedom, liberty, and self-determination;
    1-5  and
    1-6        WHEREAS, These values are especially important to the people
    1-7  of Texas, a particularly diverse citizenry comprising many
    1-8  different ethnic and national groups, and our multicultural
    1-9  heritage should make us keenly aware of the unique problems faced
   1-10  by immigrant groups; and
   1-11        WHEREAS, To protect individuals of different backgrounds,
   1-12  federal law prohibits employers from discriminating against
   1-13  employees on the basis of national origin; because an individual's
   1-14  primary language is often a national origin characteristic,
   1-15  employers may not arbitrarily prohibit their workers from speaking
   1-16  other languages at such times that do not interfere with the
   1-17  operation of the business; and
   1-18        WHEREAS, According to federal law as stated in 29 C.F.R.,
   1-19  Section 1606.7, employers may require their workers to speak
   1-20  English only in circumstances that are justified by business
   1-21  necessity or safety concerns; "English only" rules that are imposed
   1-22  on employees during other times, such as lunch hours and break
   1-23  periods, constitute oppressive forms of discrimination and are in
   1-24  clear violation of the employees' civil rights; and
    2-1        WHEREAS, Unfortunately, many employers and employees are
    2-2  unaware of provisions of federal law, and it is appropriate that
    2-3  the Texas Commission on Human Rights ensure that all Texas
    2-4  employers receive and disseminate to their employees information
    2-5  regarding legal prohibitions against strict "English only" rules
    2-6  that are not justified by business necessity or safe and efficient
    2-7  job performance; now, therefore, be it
    2-8        RESOLVED, That the 73rd Legislature of the State of Texas
    2-9  hereby request the Texas Commission on Human Rights to notify
   2-10  employers and employees that federal law prohibits imposing strict
   2-11  language requirements as a condition of employment; and, be it
   2-12  further
   2-13        RESOLVED, That official copies of this resolution be prepared
   2-14  for the chairman and the executive director of the Texas Commission
   2-15  on Human Rights as an expression of the sentiment of the Texas
   2-16  Legislature.