This comment will show that the court's holding in Spun Steak, while consistent with Congressional intent and prior judicial policy, failed to provide the most compelling reason for rejecting the EEOC guideline, namely that the guideline violates both judicial policy and the plain language of the Civil Rights Act of 1991, both of which require a plaintiff to establish a prima facie case. This comment will then show that the court's decision in Spun Steak failed to provide the necessary guidance to lower courts. Finally, this comment will show that by adopting an alternative approach that classifies English-only rules as facially discriminatory, courts would ease the burden on a plaintiff establishing a prima facie case without encountering the problems inherent in the EEOC's guideline.
Dan Cooperider and Stephen Wiss,
Employment Law - The Limits of Deference: The Ninth Circuit Rejects EEOC Guidelines On English-Only Rules In The Workplace - Garcia v. Spun Steak, 25 Golden Gate U. L. Rev.