The LPGA’s New English Language Requirement

As a lawyer, I’ll be doing my own research over the weekend. Until then here’s what Steve Czaban, Ron Sirak, Alan Shipnuck, and David Whitley had to say.

Before anyone rushes off to condemn Bivens and the LPGA in a fit of knee-jerk political correctness, there are solid business reasons behind the decision and they are giving time and opportunity to the players to learn the language enough to pass minimum competence. Surely with the money they make here, they can show a little effort. After all, if I can learn a few phrases of a language quickly, they can learn, “I’m so happy and grateful to have won” and “it was really nice playing with you in the pro-am” without too much effort.

I’ll get to chapter and verse on the law later…but I’ll say this much now…it’s aclose and will determine how a judge interprets the necessity of English to all aspects of being an LPGA member. if this case is brought in NYC or California, the LPGA loses as they are – in issues of language barrier – dead against the employer. but I think if it’s brought in the midwest or south, we’d likely see a pro-employer decision. labor frelations cases are all over the map, just like other issues, and the way you end up at the Supreme Court is that there is a split between regoins of the country, called “circuits” in the jargon. That’s how the cases against the kids for file sharing music will eventually end up there – Minnesota says one thing, Massachusetts says the opposite.  This issue is nowhere near as black and white as it appears and possibly the first person to “forum shop” and get a decision in a favorable jurisdiction may win.