NYC Indian Restaurant fined $5000 for trying to hire Indian waiter!

[Valli6]

"Discriminatory advertising"
What a corrupt way to fund the cushy lifestyles of NYC's ruling class!
Meanwhile, bums are urinating & defecating on the sidewalks, and taking baths in the public fountains.

July 29, 2015

City bureaucrats slapped a $5,000 fine on a Midtown Indian restaurant for trying to hire a server who is Indian, according to official documents.

Following an inquiry by The Post, the city’s Commission on Human Rights — which cited the eatery two years ago — said it’s assessing its practices.

Commission staffers have been trawling Craigslist to ensnare unwary restaurant owners who violate the law for things like seeking a “waitress” instead of a “wait-person.”

That’s gender discrimination by the city’s reckoning and could lead to a four-figure fine.

They hit the jackpot in October 2013, when Shalom Bombay on Lexington Avenue placed an ad for an “experienced Indian waiter or waitress.”

It might be common sense that an Indian restaurant would try to hire a server familiar with its cuisine, but to the city’s enforcers, it was a glaring red flag.

The law doesn’t allow ads that discriminate “based on national origin.”

The commission filed a complaint, eventually scheduling a trial for April 15 at the city’s administrative court.

There was a good reason the owners didn’t appear, according to former manager Raphael Gasner.

He told The Post the business closed in April 2014 — a year earlier.

Even without hearing both sides, a judge took pity on the owners and reduced the commission’s recommended $7,500 fine to $5,000.

“There was no complaint from the public, there was no evidence of how many people viewed the posting, and there was no direct evidence that any qualified applicant was turned away,” according to the documents.

“There was a discriminatory advertisement, but there was no additional proof that respondents refused to hire otherwise qualified applicants.”

A spokesperson for the commission described how new leaders are “assessing” its practices and looking into a change of tactics.

“The commission’s new leadership, as of February 2015, is currently assessing its investigatory strategy to implement more comprehensive and strategic investigations to proactively root out systemic discrimination in employment, housing, and public accommodations and expand the commission’s testing programs in these areas,” the spokesperson said.

http://nypost.com/2015/07/29/indian-...indian-waiter/

[alucard13mm]

It makes sense from a business prospective.. hire indian waiter because you will have customers that speak indian and little english.

Men should start showing up for stripper jobs lol. Hehe

[euphemia]

I don't know that I would translate that wording as looking for a server of Indian nationality. I would interpret it to mean they want someone who is experienced in serving Indian food.

I guess that goes to show how little the great unwashed know and that we are just here to do the bidding of the ones who make the rules.

[nobody's_hero]

It makes sense from a business prospective.. hire indian waiter because you will have customers that speak indian and little english.
Men should start showing up for stripper jobs lol. Hehe

The problem is that it discriminates against the millions of Eskimo applicants who are fluent in Hindi who would otherwise have gotten the job had the owners not been racists.

[phill4paul]

I don't know that I would translate that wording as looking for a server of Indian nationality. I would interpret it to mean they want someone who is experienced in serving Indian food.

I guess that goes to show how little the great unwashed know and that we are just here to do the bidding of the ones who make the rules.

That's how I would have argued the case.

[Brian4Liberty]

It makes sense from a business prospective.. hire indian waiter because you will have customers that speak indian and little english.

English is the standard (common denominator) language of India. There is no language called "Indian". Hindi is popular, and native Hindi speakers are widespread in Northern India, but not all of India.

[Brian4Liberty]

This restaurant owner was just a bit naive. There are many other ways in which to only hire an Indian worker, or limit to any other group as well.

For example: "Must have familiarity with <long list of Indian food and cultural references>."

[euphemia]

Not if they pay for the ad by the word.

In any case, not every Indian would be experienced in serving, but someone from Wisconsin who worked in their college roommate's family's restaurant might be just the ticket.

[kahless]

They should sue the city for Indian discrimination against their Indian themed restaurant. Even if the jury is made up of NYC liberals, these people still like to experience different cultures dining out so I do not see them discriminating against an Indian's wanting to hire an Indian at an Indian restaurant.

[idiom]

They should sue the city for White discrimination against their White themed restaurant. Even if the jury is made up of NYC liberals, these people still like to experience different cultures dining out so I do not see them discriminating against an White's wanting to hire an White at a White restaurant.

FTFY.

Discrimination is discrimination.

[ThePaleoLibertarian]

Thinking along racial lines is eeeeeevyuuuulllllll!

[kcchiefs6465]

FTFY.

Discrimination is discrimination.

If someone wished to have a white themed restaurant that would be their prerogative. Yes, it would be discriminatory in nature. So tf what.

[unknown]

Wow, just wow.

The bureaucracy, government is WAY too big. Sucking up tax payer money, these leech scum bags have noting to do.

Fire them FFS, force them to get real jobs goddamit.

[acptulsa]

If someone wished to have a white themed restaurant that would be their prerogative. Yes, it would be discriminatory in nature. So tf what.

So they had better be ready to finance the entire New York City bureaucracy for at least three months before they even start the project.

[thoughtomator]

Discrimination is your right.

That right is called "freedom of association".

[asurfaholic]

New ad-

"Indian restaurant hiring wait-person experienced in India."

[amartin315]

This restaurant owner was just a bit naive. There are many other ways in which to only hire an Indian worker, or limit to any other group as well.

For example: "Must have familiarity with <long list of Indian food and cultural references>."

Yeah but I still know a white guy that could pass any test you could come up with as far as that goes.

[euphemia]

Yeah but I still know a white guy that could pass any test you could come up with as far as that goes.

And that's kind of the point. I didn't read the ad as excluding anyone but those inexperienced in serving Indian food.

[Warrior_of_Freedom]

Wow, just wow.

The bureaucracy, government is WAY too big. Sucking up tax payer money, these leech scum bags have noting to do.

Fire them FFS, force them to get real jobs goddamit.

When it's profitable to make people criminals, more people become criminals

I find it interesting government goons go for an Indian restaurant wanting to hire Indians, but don't fine large corporations who have entire departments exclusively Indian.

[lib3rtarian]

When it's profitable to make people criminals, more people become criminals

I find it interesting government goons go for an Indian restaurant wanting to hire Indians, but don't fine large corporations who have entire departments exclusively Indian.

That's a wrong analogy. Those departments (presumably IT) are Indian not because the companies advertise for Indian people. It's because Indians have skill sets in those areas _and_ willing to work for less than an American worker. They also tend to be single and younger when they take these jobs, so the company is not burdened by huge healthcare costs. They are also willing to work longer hours to prove themselves.

About the OP, this is just another instance of the innocent being caught in the sprawling spiderweb of laws that is designed to make a criminal out of an otherwise law-abiding citizen. Just put so many stupid laws out there that it's impossible to get through the day without breaking one. And then they will crush you based on that.

It makes perfect sense to have an Indian waiter at an Indian restaurant, because they have more knowledge of the Indian cuisine and the ingredients to be able to answer questions. Also, you can speak in Hindi/Gujarathi/Malayalam/Tamil/Telugu etc (major Indian languages) to them and engage in chitchat, which Indian customers like to do. It's part of why they go there. Everyone understands all this except the bureaucrats. Stupid law is stupid.

[jonhowe]

Great episode of Freakonomics Radio about this issue:

http://freakonomics.com/2015/06/24/i...radio-episode/

They discuss how it's technically illegal but that we shouldn't care. Also explores different racial makeups in different areas of the restaurant (kitchen vs waitstaff, for example).

The best part is the Irish comedian who gets a restaurant job in China.

[Warrior_of_Freedom]

That's a wrong analogy. Those departments (presumably IT) are Indian not because the companies advertise for Indian people. It's because Indians have skill sets in those areas _and_ willing to work for less than an American worker. They also tend to be single and younger when they take these jobs, so the company is not burdened by huge healthcare costs. They are also willing to work longer hours to prove themselves.

About the OP, this is just another instance of the innocent being caught in the sprawling spiderweb of laws that is designed to make a criminal out of an otherwise law-abiding citizen. Just put so many stupid laws out there that it's impossible to get through the day without breaking one. And then they will crush you based on that.

It makes perfect sense to have an Indian waiter at an Indian restaurant, because they have more knowledge of the Indian cuisine and the ingredients to be able to answer questions. Also, you can speak in Hindi/Gujarathi/Malayalam/Tamil/Telugu etc (major Indian languages) to them and engage in chitchat, which Indian customers like to do. It's part of why they go there. Everyone understands all this except the bureaucrats. Stupid law is stupid.

Are you kidding? There was an entire documentary on this, of course they want to hire Indians because they work for cheap, it's the whole point, and corporations go through loopholes in the law where they advertise for fake jobs in the U.S. then claim no one has the skillset needed for those jobs, and give them to Indians overseas.

[Brian4Liberty]

That's a wrong analogy.

Actually, it's a very good analogy.

Those departments (presumably IT) are Indian not because the companies advertise for Indian people. It's because Indians have skill sets in those areas _and_ willing to work for less than an American worker.

Yes, pay per person is usually lower. That is the selling point at the executive level. In many cases, the total cost may be more, due to a variety of factors, often due to competency issues, and lack of proper screening.

Advertising for an IT person that calls for Master's Degree is code for Indian preferred. A Masters in Computer Science is more common in India, but was rare in the US. This was compounded by the fact that student visa program incentivized Indian students to continue education in order to extend visas.

They also tend to be single and younger when they take these jobs, so the company is not burdened by huge healthcare costs.

Yes, age discrimination is often a factor, especially in technology. This would apply to any new graduate though.

They are also willing to work longer hours to prove themselves.

Gross generalization, and not really accurate. Often the opposite.

Back to the analogy and topic of the OP:

The most relevant cause of the pro-Indian bias in IT is the fact that people of Indian origin are generally in charge of IT hiring, and from their cultural aspect, only hiring their own is considered a good thing. Help your family, friends, school-mates and others that you feel are "your people". What we call "discrimination" in the US is built into the system now. From the advertising, to the recruiting, to the interviewing and finally to the hiring decision, pro-Indian discrimination exists at every one of those levels.

[amartin315]

And that's kind of the point. I didn't read the ad as excluding anyone but those inexperienced in serving Indian food.

But I don't think it's wrong to simply want a server who is brown skinned and looks Indian (even if they're actually pakistani)

I mean. I understand there's a lot of white brits who are now considered to be "indian"...but I think most people think of brown people when they think of indian food. And if that's what the people want, whats so wrong with giving it to them?

Just like Hooters wants to hire hot chicks...so too an indian restaurant ought to be able to hire brown people

[Mani]

Commission staffers have been trawling Craigslist to ensnare unwary restaurant owners who violate the law for things like seeking a “waitress” instead of a “wait-person.”

There are government employees who troll Craigslist all day for this $#@!?