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?
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!
Thank Xerces :)
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.
like she couldn't work there or she couldn't eat there??
They should be authentic. let 'em discriminate. It's their choice.
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.....
Chinese. Businesses should be able to discriminate on race or anything they want to.
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
If in making your argument you start out by citing some stupid law or legislation you've already shown you have no good argument
Yea because facts are scary huh?
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
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.
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"?
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..
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."
Congressman, you keep saying "corporate entities", but this applies to small businesses as well.
You know your laws used to return slaves to owners and keep blacks out of diners, right? Laws can be wrong.
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.
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?
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.
Pssh who needs civil rights? So last season.
business should be able to hire who they want
Considering its a culturally based business, I don't see a problem with it.
So, would you be ok with ikea only hiring white people?
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.
Selling flat pack furniture at ikea isn't a cultural experience.
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?
If she cooks good Chinese food, what's the problem?
I could see that but I'd prefer good Chinese food to ambience. :)
The business has a right to hire whomever they want.
I've never been to a Chinese place that didn't have anyone other than Asians working. It just seems weird.
So, Russians and Indians were there too? They are Asians...
I (fortunately) do not have manboobs. Can I get a job as a waiter at Hooters?
Yes actually, you can. They do hire male waiting staff.
I remember a lawsuit on that, can't recall the outcome
What about fat people? Any fat people work there?
I'm sure they do, in the back lol.
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
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.
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.
Though it's a rather silly case, either way it is racial profiling.
Would a strict kosher deli hire her as a server? Better know the answer!
Especially in Hasidic communities a non-hasidic won't do.
That's in violation of her civil rights.
Private companies should be able to hire or not hire whoever they want for any reason.
Civil Rights Act says too bad.
cra is wrong
It infringes on liberties of one in favor of another and I don't feel its right.
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.
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...
Shouldn't have a say.
Individual civil rights supersede commercial corporate rights. Deal with it. Sorry I put people before money. Guess I was raised better...
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.
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.
^ Proof that racism and sexism is still alive in this country.
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.
Yea, you want the right to discriminate but you're TOTALLY not a racist... Please.
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...
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..
The legal basis to discriminate for any reason when it comes hiring employees for my business?
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?
Lol, or slap the customers each with their own discrimination lawsuits?
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.
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.
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
Well that's fine, they are denying them for not meeting a required skill. Not because of their ethnicity.
But it wouldn't be what they intended
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.
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.
Trav I guess you don't know about the Civil Rights Act of 1968.
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.
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
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.
I was actually thinking of reporting this with an Irish restaurant and a Chinese applicant to see if it changes any opinions
Reposting, not reporting, I'm not going to report this
I haven't even hired her and she's already my biggest problem employee. good choice.
Im an Irish-American. I say the Chinese should win.
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.
If the business said only white people could go into it, ALL LIBERALS would vote that it is wrong. This proves they are racist.
I think this is about hiring, not eating there.
Yea, hiring, is it fair to hire based on race?
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.
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
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.
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.
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.
Does she speak chinese?
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?
And by Chinese, I mean Mandarin.
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.
It's a Cantonese place.
The difference between language and ethnicity, is that you can learn a language, but you cannot change your ethnicity.
So? Why the hell should that matter? Find a different place to apply to work.
The boss can't afford to hire an interpreter of an Anglo employee. It would be a hardship for the business.
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
Pose potential market and social externalities that should be avoided.
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.
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
It's their business. If a precedence was set with hiring non-chinese she would have a case.
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?
Authentic is up to the opinion of the owner I guess
The restaurant owner needs to prove why being Chinese is a bonafide occupational qualification to win this lawsuit.
Why? They can hire or fire whomever they want. It's a private business.
In many states they can't discriminate, actually.
That applies to services offered.
In my state such discrimination in hiring and firing is perfectly legal
Not according to the EEOC
Being turned down for a job?
Would you refuse to hire a fat man as a Hooters waitress? Yes
Not the same thing.
Hooters classifies them as entertainers which allows them to pick whomever looks the best.
Fair and Right are separate issues. I prefer Mr Sung to cook my Chinese Food. I do not care who serves it.
Even a trained non-chinese 3 star Michelin chef?
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.
Bed wetting sissies! I love the analogy!
Derek, well said! Well said!
It's family owned! They ought to be privileged to hire any person they please as well as turn down anyone they please.
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
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?
They'd have yellow moons, pink hearts, and blue diamonds, too!