Sing's Chinese Restaurant Case Study

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Case Study Sing’s Chinese Restaurant C Gunn April 2011 1. Mr Sing claims that he is not acting discriminatorily, and thus believes he is not breaking the law, when seeking to hire only Asian heritage waiters. His defence is based on a desire to retain an authentic experience and ambience for customers. He supplements the defence claiming that non-Asian applicants are offered work elsewhere within the restaurant. He says: “The success of my restaurant is based on the strategic decisions I have made in the past. This policy is nothing more than one of those decisions. I am not trying to discriminate against anyone, I am just looking out for my business and I think I have a right to do so.” (Youtube, 2011) Law has been defined as ‘a consistent set of universal rules that are widely published, generally accepted, and usually enforced’ (Hosmer, 1991, p. 78). The purpose of the law is to provide an objective set of standardised requirements to describe and govern conduct, action and interaction within a society, facilitating an orderly status quo. According to American law (1964 Civil Rights Act, Title VII) discrimination is prohibited ‘by covered employers on the basis of race, colour, religion, sex or national origin’. Mr Sing’s business would be regarded as a ‘covered employer’ and therefore not exempt. The US Equal Employment Opportunity Commission define race discrimination as ‘treating someone (an applicant or employee) unfavourably because he/she is of a certain race or because of personal characteristics associated with race such as hair texture, skin colour, or certain facial features’ (2011). The Equal Employment Opportunity Commission also state ‘The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any
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