A pub in Brooklyn has settled a discrimination lawsuit for placing an advertisement on craigslist for a bartender, which stated, in part, “Being British definitely works in your favor.” As reported in The New York Times, the New York City Human Rights Commission charged the Pub owners with violating a provision of New York City’s administrative code, which prohibits an employer from targeting a person’s national origin in a job ad. The owners settled the charges by agreeing to undergo anti-discrimination training and pay a fine of $2,500.00.
National origin discrimination means treating someone less favorably because he/she comes from a particular place, because of his/her ethnicity or accent, or because it is believed that he/she has a particular ethnic background. Such discrimination is not based on the accuracy of the ethnic information about the employee, but rather the belief of the person perpetrating the unequal treatment. Thus, if an employee is not from Puerto Rico, but is treated unfairly because an employer or fellow employee thinks he/she is from Puerto Rico, national origin discrimination is occurring.
Some examples of illegal national origin discrimination either by an employer or tolerated by an employer against an employee or job applicant are unequal treatment based on:
- Marriage to or association with persons of a national origin group
- Membership in, association with, or attendance or participation in schools, churches, temples or mosques generally associated with a national origin group
- A family name associated with a national origin group
If you believe that you are experiencing discrimination at work because of your national origin, you should protect your rights and consult with an attorney.
Would it have been illegal to suggest that “having or being able to mimic a British accent would be an asset but is not necessary”? If “British” is the brand, and they want the “authentic flavor” of that British accent, is there a legal way to advertise this?
Hey Belinda,
We do not know how this case would have turned out if it had gone to a hearing, but the main problem with the advertisement was that it offered preferential treatment to a person based on his or her national origin. If the advertisement had stated that the employer was looking for an applicant with knowledge of british culture it would be have been fine. Thanks for your comment.