Challenge Yourself!

Vinh, who is Vietnamese, applies for a job as a server at a Chinese restaurant. The owner tells Vinh that all of the server positions are filled and offers him a job working in the kitchen. Vinh takes the job. A few days after he starts working, Vinh notices that two Chinese men are being trained as servers. Vinh asks the new servers when they were hired, and they say "Yesterday." Vinh thinks that the owner didn't hire him as a server because he is Vietnamese and all of the servers are Chinese. Did the owner discriminate against Vinh?

1. A. Yes, but Vinh can't file a discrimination complaint because he accepted a different job at the restaurant.

   A is incorrect.
   You have a right to file a discrimination complaint with your company, a charge of discrimination with EEOC, or both if you believe that you were treated differently because of a characteristic protected by law, such as national origin. This is true even if you accept a job with the employer who you believe discriminated against you.

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2. B. No. The owner didn't discriminate against Vinh because Chinese restaurant owners can legally refuse to hire people who aren't Chinese.

   B is incorrect.
   Employers who are protected by federal employment discrimination laws, including owners of restaurants that serve food associated with a particular country or region, may not make employment decisions based on an applicant's national origin.

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3. C. Yes, if the owner didn't hire Vinh as a server because Vinh is Vietnamese.

   C is correct.
   It is illegal for a restaurant owner to refuse to hire someone for a particular job because he or she is (or is not) a particular national origin. This is true even if the restaurant serves food that is associated with a particular country or region. If the owner didn't hire Vinh as a server because Vinh is Vietnamese, and not Chinese, the owner discriminated against Vinh based on his national origin.

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4. D. No. The owner didn't discriminate against Vinh; he hired Vinh to work at the restaurant.

   D is incorrect.
   Even though the restaurant owner hired Vinh to work in the kitchen, it was illegal for the owner to refuse to hire Vinh as a server because Vinh is Vietnamese (or because he is not Chinese).

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