Show of HandsShow of Hands

JustBob October 30th, 2013 12:57pm

A family owned Chinese food restaurant is looking to expand its operations yet keep its authentic image. An Irish woman is filing a lawsuit after being turned down for not being Chinese. Who should win the case?

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Comments: Add Comment

elianastar Gab.ai FreeSpeech
10/30/13 1:37 pm

Get a freakin' life you dumb leprechaun! (I'm part Irish, btw) Surely there are other jobs that wouldn't highlight the fact you're asshat. Apply for one of those!

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XercesBlue ...
10/30/13 1:01 pm

Great question!

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Swarley utah
10/30/13 12:59 pm

Its not discrimination if the other (Asian) applicant better fits the qualifications. If the qualification is to keep the restaraunt authentic, then tha Asian should get the job.

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jhug District 12
10/30/13 12:43 pm

like she couldn't work there or she couldn't eat there??

ladyniner81 no hope for humanity
10/30/13 12:29 pm

They should be authentic. let 'em discriminate. It's their choice.

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jessej7
10/30/13 11:29 am

i think businesses should be free to hire whoever they want. but as it stands legally she should be able to win. but id be interested to see how much of a media storm itd be if it were different ethnicities.....

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TempName14 Everywhere but nowhere
10/30/13 11:15 am

Chinese. Businesses should be able to discriminate on race or anything they want to.

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porkchop New Jersey
10/30/13 10:36 am

If I want to open an English Pub here in the states, I should have the right to hire help with only English accents. Same for the Chinese Restarant. I don't want to buy Chinese food from African Americans or creamy white Irish red headed girls

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rebelfury76 No Justice, No Peace
10/30/13 9:56 am

If in making your argument you start out by citing some stupid law or legislation you've already shown you have no good argument

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Congressman Louisiana
10/30/13 10:15 am

Yea because facts are scary huh?

JustBob Your anger fascinates me
10/30/13 10:50 am

The right way and the legal way or not always the same way. I'm more interested in what we all think is fair, and if fair and equal are the same thing

rebelfury76 No Justice, No Peace
10/30/13 11:34 am

CM, you think you own people. That's not healthy. A law isn't a fact. You have proven you are incapable of intellectual thought, only campaign slogans and platitudes.

rebelfury76 No Justice, No Peace
10/30/13 11:35 am

Unless you're citing the same type of "facts" that used to demand that runaway slaves be returned to their plantations and enforced segregation by government mandate. Those "facts"?

Congressman Louisiana
10/30/13 11:52 am

Sorry you cannot comprehend that people are more important that corporate entities. You're clearly under the illusion that freedom through commerce is the only way to live. Civil right laws are good laws. The only "people" it controls are those who..

Congressman Louisiana
10/30/13 11:54 am

Who have tried to control others over the past two centuries. The 13th and 14th Amendments, Civil Rights Act of 1968, and multiple Supreme Court cases have done nothing but free people from the hands of corporate greed, the true "control."

RebelProud Bungholio
10/30/13 12:48 pm

Congressman, you keep saying "corporate entities", but this applies to small businesses as well.

rebelfury76 No Justice, No Peace
10/30/13 1:11 pm

You know your laws used to return slaves to owners and keep blacks out of diners, right? Laws can be wrong.

rebelfury76 No Justice, No Peace
10/30/13 1:12 pm

You keep saying corporate entities. At the head of that faceless entity is a person with rights, even if you don't agree with those rights or what they may do with them. That's freedom. You're a control addict.

JustBob Your anger fascinates me
10/30/13 1:48 pm

Was it the law that kept blacks out of diners or the policy of the diner with the "no colored allowed" sign, and the law just allowed it?

Congressman Louisiana
10/30/13 2:41 pm

I guess I just can't make you racists and bigots understand... Oh well perhaps in a generation or two your pitiful offspring will have learned from better and not be as bad as you.

BadWolf The Library
10/30/13 9:21 am

Pssh who needs civil rights? So last season.

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rebelfury76 No Justice, No Peace
10/30/13 9:16 am

business should be able to hire who they want

PeppyHare Do a barrel roll
10/30/13 9:06 am

Considering its a culturally based business, I don't see a problem with it.

ThePhlegm The Lone Star State
10/30/13 9:24 am

So, would you be ok with ikea only hiring white people?

PeppyHare Do a barrel roll
10/30/13 9:32 am

If it was an Italian restaurant and they wanted to be authentic... Sure.

I'm still pissed I got the Peruvian guy at the hibachi restaurant.

PeppyHare Do a barrel roll
10/30/13 9:35 am

Selling flat pack furniture at ikea isn't a cultural experience.

JustBob Your anger fascinates me
10/30/13 11:54 am

Do you think the results would be the same if, in the question, the races were reversed? Chinese applicant at an Irish restaurant, should the results be the same? Or is there a difference?

TierasPet
10/30/13 8:41 am

If she cooks good Chinese food, what's the problem?

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TierasPet
10/30/13 10:16 am

I could see that but I'd prefer good Chinese food to ambience. :)

TeaPartier Dont Tread on Me
10/30/13 8:36 am

The business has a right to hire whomever they want.

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raywygo Pittsburgh
10/30/13 8:22 am

I've never been to a Chinese place that didn't have anyone other than Asians working. It just seems weird.

ThePhlegm The Lone Star State
10/30/13 9:25 am

So, Russians and Indians were there too? They are Asians...

hoosierwisdom inner voice
10/30/13 8:10 am

I (fortunately) do not have manboobs. Can I get a job as a waiter at Hooters?

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Congressman Louisiana
10/30/13 8:25 am

Yes actually, you can. They do hire male waiting staff.

JustBob Your anger fascinates me
10/30/13 8:39 am

I remember a lawsuit on that, can't recall the outcome

CTYankee!!! Connecticut
10/30/13 10:05 am

What about fat people? Any fat people work there?

Congressman Louisiana
10/30/13 10:06 am

I'm sure they do, in the back lol.

JustBob Your anger fascinates me
10/30/13 12:19 pm

No, but there is a lawsuit happening with a black girl told she wasn't allowed to dye her hair blond, that I think is more on this note

Congressman Louisiana
10/30/13 12:32 pm

I think that if there's a policy against hair dye then she can get over it. If not then she might have a case if other employees are allowed to dye tier hair but not her. Not sure if it's because she's black or they just dislike hair dye.

JustBob Your anger fascinates me
10/30/13 12:43 pm

Nope, other employees can, but on a black girl they thought it would look off to the customers, their claims it would detract from the company's image.

sarahcatemilly Indiana
10/30/13 8:02 am

Though it's a rather silly case, either way it is racial profiling.

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rons screw politicians
10/30/13 8:00 am

Would a strict kosher deli hire her as a server? Better know the answer!

rons screw politicians
10/30/13 8:17 am

Especially in Hasidic communities a non-hasidic won't do.

polster2 US
10/30/13 7:59 am

That's in violation of her civil rights.

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RebelProud Bungholio
10/30/13 7:37 am

Private companies should be able to hire or not hire whoever they want for any reason.

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Congressman Louisiana
10/30/13 7:58 am

Civil Rights Act says too bad.

JustBob Your anger fascinates me
10/30/13 9:46 am

Unintended outcomes

rebelfury76 No Justice, No Peace
10/30/13 9:48 am

It infringes on liberties of one in favor of another and I don't feel its right.

rebelfury76 No Justice, No Peace
10/30/13 9:49 am

I can only assume you're actually a congress critter, or at least an aspiring one, so this may be hard for you to grasp.

You. Don't. Own. Free. People.

RebelProud Bungholio
10/30/13 9:54 am

CRA was a good idea, but now it's being abused in cases like this. If it's MY business, MY image, and MY money then it should be MY choice who I hire! If I don't want to hire someone because they are black/white/purple/gay/straight/etc, the gov...

Congressman Louisiana
10/30/13 10:00 am

Individual civil rights supersede commercial corporate rights. Deal with it. Sorry I put people before money. Guess I was raised better...

rebelfury76 No Justice, No Peace
10/30/13 10:08 am

Each business has an owner, where that business is an extension of themselves. So, no, you don't. You out what sounds good before people.
Raised better...who the fûck are you. Clearly not since you're incapable of abstract thought, only sound bytes.

RebelProud Bungholio
10/30/13 10:12 am

Sorry but you don't have the individual right to be employed at my business, I should however, have the individual right to hire or not hire you for ANY reason I want.

Congressman Louisiana
10/30/13 10:17 am

^ Proof that racism and sexism is still alive in this country.

RebelProud Bungholio
10/30/13 10:18 am

When did I say I wouldn't hire someone because of race or gender? I said I should have the right to. Don't you dare call me a racist when you don't know the first thing about my life. Thanks.

Congressman Louisiana
10/30/13 10:21 am

Yea, you want the right to discriminate but you're TOTALLY not a racist... Please.

RebelProud Bungholio
10/30/13 10:25 am

Well, shouldn't I have it? You keep pulling the race card, but those were just examples provided. Here ill bite; lets say that I'm opening up a bar and I want to only hire female bartenders, and only male security. Now, a male applies to be a...

RebelProud Bungholio
10/30/13 10:27 am

Bartender and a female applies to be security, both have all the experience in the world. However, I don't want to hire them because of their gender, that should be my right because of the image I want my business to project. Why should I not have..

RebelProud Bungholio
10/30/13 10:27 am

The legal basis to discriminate for any reason when it comes hiring employees for my business?

JustBob Your anger fascinates me
10/30/13 12:02 pm

If we do tie the owners hands and force them to employ the Irish, and, like the owners foresee, they lose customers because of it, should we subsidize, due to the discrimination of the customers?

JustBob Your anger fascinates me
10/30/13 12:04 pm

Lol, or slap the customers each with their own discrimination lawsuits?

rebelfury76 No Justice, No Peace
10/30/13 12:35 pm

Cm, I know this will be hard for your three brain cells to process but I don't have a bigoted bone in my body. I have principles that are universal. Yes they may be unpopular views but my ideology is consistent.

Congressman Louisiana
10/30/13 7:22 am

This is interesting. Per civil rights act of 68 they can't deny her on ethnicity. However they can set criteria such as knowing the language, etc, and deny we for other reasons. But ethnicity should not be a reason in my opinion.

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JustBob Your anger fascinates me
10/30/13 7:40 am

But if they select on the ability to speak the language, they would have to deny Chinese applicants that can't speak it as well

Congressman Louisiana
10/30/13 7:58 am

Well that's fine, they are denying them for not meeting a required skill. Not because of their ethnicity.

Zod Above Pugetropolis
10/30/13 6:56 am

If she speaks perfect Chinese and has the mannerisms, demeanor, and talent of a native, her ethnicity shouldn't matter. China has assimilated immigrants too, so it shouldn't affect the authenticity of the food or service.

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trav Instagram, travisdover
10/30/13 7:19 am

But it's a private restaurant. They shouldn't be forced to hire anyone. They should only hire who they think will be profitable. Perhaps a white person would discourage customers.

Congressman Louisiana
10/30/13 7:20 am

Trav I guess you don't know about the Civil Rights Act of 1968.

trav Instagram, travisdover
10/30/13 7:29 am

Congressman, I do know about it actually.

This was a value question (notice the word "should"). Therefore I'm telling you my opinion. Perhaps a U.S. judge would disagree with me, but I'm going to stick with my opinion.

Wes28 CBus
10/30/13 6:50 am

So...what if this were an Englishman who turned down a black man. The results would be a bit different...Just saying. It shouldn't be a one-way street

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trav Instagram, travisdover
10/30/13 7:24 am

It is a little different. There are many black Englishmen. There aren't many Irish Chinese. Looks matter for a restaurant.

Besides fish and chips is a little more easy to cook than orange chicken.

JustBob Your anger fascinates me
10/30/13 8:43 am

I was actually thinking of reporting this with an Irish restaurant and a Chinese applicant to see if it changes any opinions

JustBob Your anger fascinates me
10/30/13 8:43 am

Reposting, not reporting, I'm not going to report this

suppressedID That is my secret Cap
10/30/13 6:30 am

I haven't even hired her and she's already my biggest problem employee. good choice.

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Jack14 Massachusetts
10/30/13 6:30 am

Im an Irish-American. I say the Chinese should win.

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Congressman Louisiana
10/30/13 7:20 am

I'm Irish-American as well. That doesn't make us the voice of the Irish or that it's "OK" because we have Irish ancestors.

redsox95 New England
10/30/13 6:23 am

If the business said only white people could go into it, ALL LIBERALS would vote that it is wrong. This proves they are racist.

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kermie gaytopia
10/30/13 6:25 am

I think this is about hiring, not eating there.

JustBob Your anger fascinates me
10/30/13 8:45 am

Yea, hiring, is it fair to hire based on race?

trav Instagram, travisdover
10/30/13 11:22 am

Yeah, wait, what... It would be racist if they only allowed white people to eat there. I don't think it's racist to only hire Asians though.

JustBob Your anger fascinates me
10/30/13 12:14 pm

Eh, I personally feel, by definition, it's all racial discrimination, just what kind is the "bad" kind? How it's directed, or who it's directed towards might change the "bad" part

trav Instagram, travisdover
10/30/13 12:20 pm

You hire Asians not because your racist but because other people are racist or maybe we should say other people are logical/judgmental.

Acting purely out of profit motives, you'd only want to hire Asians. That's rational, not racist.

JustBob Your anger fascinates me
10/30/13 12:31 pm

I always assumed discrimination means simply selection, and if that selection is solely based on race it becomes racial discrimination, this case may or may not be acceptable racial discrimination, but I could be way off on my definition.

trav Instagram, travisdover
10/30/13 1:19 pm

Your definition may be technically correct, but I don't think it's used like that anymore. Now we're taught discrimination is wrong, so it is only used within those confines.

rons screw politicians
10/30/13 6:22 am

Does she speak chinese?

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DerekWills Lone Star Gun Rights
10/30/13 6:24 am

Why is it okay to not hire someone if they don't meet the requirement of speaking Chinese, but not okay to not hire them for not meeting the requirement of being Asian?

DerekWills Lone Star Gun Rights
10/30/13 6:25 am

And by Chinese, I mean Mandarin.

Diogenes FreeMeBe
10/30/13 6:50 am

In nearly all restaurants, most of the cooks, food preppers, bus-persons, and dishwashers are Hispanic and speak predominantly Spanish. If a Gaelic wishes to immerse herself in a Mandarin surrounding, she should be afforded that chance.

rons screw politicians
10/30/13 7:19 am

It's a Cantonese place.

DrReid Ever present.
10/30/13 7:29 am

The difference between language and ethnicity, is that you can learn a language, but you cannot change your ethnicity.

DerekWills Lone Star Gun Rights
10/30/13 7:42 am

So? Why the hell should that matter? Find a different place to apply to work.

rons screw politicians
10/30/13 7:57 am

The boss can't afford to hire an interpreter of an Anglo employee. It would be a hardship for the business.

DrReid Ever present.
10/30/13 8:01 am

When you set up a business in the US you agree to follow the law. The Law says you cannot discriminate in the workplace, based on factors you cannot change about yourself, like ethnicity. We set up those laws because things like racial discrimination

DrReid Ever present.
10/30/13 8:03 am

Pose potential market and social externalities that should be avoided.

DunkinFrunk Austin area, Texas
10/30/13 6:20 am

It's his business and he has the right to have certain requirements in place for all employees. I'm on the business owners side.

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Mattwall1
10/30/13 6:20 am

I honestly don't know, although the legal code probably says Irish. I know there is a Chinese restaurant in la that has many Hispanic cooks, and due to the large amounts of orthodox and conservative Jews in the area, is now a kosher Chinese

rons screw politicians
10/30/13 6:19 am

It's their business. If a precedence was set with hiring non-chinese she would have a case.

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MarciS Formerly mjs83
10/30/13 6:18 am

Do you think in China itself they wouldn't hire an Irish person who was living in China and needed a job? So what's really authentic?

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JustBob Your anger fascinates me
10/30/13 9:45 am

Authentic is up to the opinion of the owner I guess

cpaswr just say the letters
10/30/13 6:15 am

The restaurant owner needs to prove why being Chinese is a bonafide occupational qualification to win this lawsuit.

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DunkinFrunk Austin area, Texas
10/30/13 6:18 am

Why? They can hire or fire whomever they want. It's a private business.

kermie gaytopia
10/30/13 6:26 am

In many states they can't discriminate, actually.

mandimoomoo Home of the Huskers
10/30/13 7:08 am

In my state such discrimination in hiring and firing is perfectly legal

Statek Im from the Internet
10/30/13 6:09 am

Would you refuse to hire a fat man as a Hooters waitress? Yes

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theavgguy I.E.
10/30/13 6:11 am

Not the same thing.

Posco BBQ Enthusiast
10/30/13 6:12 am

Hooters classifies them as entertainers which allows them to pick whomever looks the best.

doctalk not all who wander r lost
10/30/13 6:04 am

Fair and Right are separate issues. I prefer Mr Sung to cook my Chinese Food. I do not care who serves it.

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rons screw politicians
10/30/13 6:21 am

Even a trained non-chinese 3 star Michelin chef?

DerekWills Lone Star Gun Rights
10/30/13 6:04 am

Businesses should be able to hire (or fire) anyone for any reason. If you must be Asian to work here, then that should be okay. I am so sick of these bed wetting sissies getting all upset over something so stupid.

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aviator
10/30/13 6:18 am

Bed wetting sissies! I love the analogy!

porkchop New Jersey
10/30/13 10:39 am

Derek, well said! Well said!

aviator
10/30/13 6:03 am

It's family owned! They ought to be privileged to hire any person they please as well as turn down anyone they please.

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mikeey1962 on SOH where else
10/30/13 6:01 am

It's their restaurant, let them hire who they want.. Our Chinese restaurant is full of Hispanics, but you don't hear people complain, course we are 78% of the population here... Lol

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Statek Im from the Internet
10/30/13 6:01 am

If it goes against the entire feel of the restaurant, then it goes against the restaurants best interests
Would you want the wallpaper of a Chinese restaurant to have leprechauns and clovers?

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Diogenes FreeMeBe
10/30/13 6:53 am

They'd have yellow moons, pink hearts, and blue diamonds, too!