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U.S. Equal Employment Opportunity Commission

Youth at Work

A is Incorrect

You have a right to file an internal complaint, a charge of discrimination, or both if you believe that you were treated differently because of a characteristic protected by federal 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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20. Mark, a Vietnamese male, applied for a job as a server at a local Chinese food restaurant. The owner told Mark that all the server positions were filled and offered him a job working in the kitchen. Mark took the job. A few days after he started working, Mark noticed that two Chinese males were being trained as servers. Mark asked one of the new servers when he had been hired, and the server said “Yesterday.” Mark thinks the owner wouldn’t hire him as a server because he is Vietnamese and all of the servers are Chinese. Might the owner have discriminated against Mark?

  1. Yes. The owner discriminated against Mark by not hiring him to work as a server. However, Mark cannot file a complaint with the restaurant or a charge of discrimination with EEOC because he accepted a different job at the restaurant.
  2. No. The owner did not discriminate against Mark because Chinese restaurant owners can legally refuse to hire non-Chinese individuals.
  3. Yes. If Mark was not hired as a server because he is Vietnamese, and not Chinese, the restaurant owner discriminated against Mark.
  4. No. The restaurant owner did not treat Mark unfavorably–the owner hired him to work in the kitchen. Therefore, the owner’s treatment was not illegal.