RD's
Drive-In is a small family business in Page, Arizona, just south
of the Utah border. Richard Kidman and his wife, Shauna, started
the business more than 20 years ago. They now operate it with their
son, Steve. For more information about the history of the Drive-In,
please click here
The federal government has filed a lawsuit that would bankrupt the
family and destroy a lifetime of work. The lawsuit alleges that
the Kidmans should pay large damages to four employees because RD's
Drive-In adopted a policy to require employees to speak English
while working.
The business is located near the Navajo Reservation in northern
Arizona. Nearly all of the employees are young people from the reservation.
In the summer of 2000, some of the Navajo employees complained to
the Kidmans that other workers were treating them rudely by talking
about them in the Navajo language and by using offensive language
in Navajo.
All of the employees spoke English. The employees who complained
about the rude treatment generally spoke only English. They felt
that the Navajo-speaking employees were making their working conditions
unpleasant by talking about them inappropriately in Navajo. Some
of the employees threatened to quit if the Navajo-speaking employees
continued to treat them rudely. Furthermore, some customers had
complained that they could hear employees swearing in Navajo.
The Kidmans therefore had to do something to solve the problem for
their workers, nearly all of whom were Navajo. The Kidmans logged
onto the website of the Equal Employment Opportunity Commission
("EEOC") and read that it is legal for employers to require employees
to speak English when there is a business reason to do so. The EEOC
website also explained that the employer would have to inform its
employees about the policy and warn them what would happen if they
violated the policy.
The Kidmans therefore followed the EEOC's advice and posted a notice
about RD's Drive-In's policy requiring employees to speak English
while working, unless speaking to a customer who prefers to use
another language. Four employees objected to the English policy
and quit.
The four filed charges of discrimination with the EEOC, and on September
27, 2002, the EEOC filed a lawsuit on their behalf against Richard
and Shauna Kidman and their son, Steve. RD's Drive-In is not incorporated,
so the EEOC's lawsuit seeks to recover large money damages from
the Kidmans personally, not merely from their business.
The EEOC lawsuit could bankrupt the Kidmans. It is difficult for
a small, family drive-in to compete against the giant national fast
service restaurant chains, but the Kidmans simply cannot afford
to pay the amounts demanded by the government, nor can they afford
to pay attorneys fees to fight the massive resources of the federal
government.
Ironically, when the EEOC took the position in the summer of 2001
that RD's Drive-In fired the four workers, RD's Drive-In sent certified
letters to each of the four employees who had quit and offered that
they could come back to work and return to their same jobs. None
of them came back to work or responded.
The Kidmans respect and admire the Navajo culture, language and
people. Many of their customers are Navajo. Nearly all of their
employees are Navajo. The Kidmans have been serving the Navajo community
for decades. They were trying to help their Navajo employees by
responding to their complaints about rude behavior by the Navajo-speaking
employees towards the non-Navajo speaking Navajo employees.
Because the Kidmans were trying to maintain a pleasant atmosphere
for all of their employees, they now find themselves under attack
by their own government. Unless they receive help to pay their legal
fees, they could find themselves financially ruined. A lifetime
of hard work will be destroyed by the federal government. It wants
to take money from people who work, and give it to four young people
who would rather sue to try to collect money in court or force a
settlement instead of earning a living by coming back to work.
The Kidmans need your help. Please register your support for them
and send them your comments by filling in the information below.
We will keep you informed about important developments in the lawsuit.
Please help contribute to the costs of the Kidmans' defense to the
federal government's lawsuit. You may make a contribution by credit
card below. Your donation will help show the federal government
that it cannot count on a small family business to simply surrender
because they cannot afford to stand up to the massive resources
of the federal government in court. A donation in any amount will
help the Kidmans stand up for what is right. THANK
YOU VERY MUCH FOR YOUR SUPPORT. |
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