Is it illegal to consider only Spanish speakers for restaurant jobs?

**carloss** · 07-14-2012, 11:38 AM

I happened to pass by Hibachi 2 Go on Snyder Ave. the other day and noticed a Help Wanted sign posted in the window. They were looking for someone to work in the kitchen and a delivery driver. Nothing unusual about that -- except that the sign was written 100% in Spanish.

Yeah, I know: surprise, people who speak Spanish work in South Philly restaurants! That much I get. But it led me to wonder: if a company is only targeting Spanish speakers publicly, can it be considered discriminatory hiring? With all the fuss that Joey Vento's "Order in English" sign once generated, could a case like this be construed as a potential civil rights violation?

Personally, I don't feel discriminated against here. I am fine with immigrants working in this city and completely in favor of open immigration policies. The more people who learn to speak Spanish, the better in my book. Even so, there's something amusing about this sign. Maybe because it's posted in the window of a Japanese restaurant that supposedly offers authentic Japanese cuisine. Maybe it's the implied "Non-Mexicans need not apply" -- or rather, "We know that non-Mexicans would never be up to this kind of work, so why bother?" Are native-born Philadelphians who happen to be underemployed entirely above the thought of working as delivery drivers in the 21st century?

Or is this SOP for small businesses and am I totally behind the times?

**NickTheCage** · 07-14-2012, 11:44 AM

Originally Posted by carloss

I happened to pass by Hibachi 2 Go on Snyder Ave. the other day and noticed a Help Wanted sign posted in the window. They were looking for someone to work in the kitchen and a delivery driver. Nothing unusual about that -- except that the sign was written 100% in Spanish.

Yeah, I know: surprise, people who speak Spanish work in South Philly restaurants! That much I get. But it led me to wonder: if a company is only targeting Spanish speakers publicly, can it be considered discriminatory hiring? With all the fuss that Joey Vento's "Order in English" sign once generated, could a case like this be construed as a potential civil rights violation?

Personally, I don't feel discriminated against here. I am fine with immigrants working in this city and completely in favor of open immigration policies. The more people who learn to speak Spanish, the better in my book. Even so, there's something amusing about this sign. Maybe because it's posted in the window of a Japanese restaurant that supposedly offers authentic Japanese cuisine. Maybe it's the implied "Non-Mexicans need not apply" -- or rather, "We know that non-Mexicans would never be up to this kind of work, so why bother?" Are native-born Philadelphians who happen to be underemployed entirely above the thought of working as delivery drivers in the 21st century?

Or is this SOP for small businesses and am I totally behind the times?

It is 'discriminatory' but it shouldn't be a crime.
A business should be free to choose who to hire, based on their criteria, and what their desire and need is.

**thegreattwizz** · 07-14-2012, 02:36 PM

As your post title is written, yes, it is discriminatory and illegal to only spanish speakers for a job. However, it is not illegal or discriminatory to require a fluent language for a specific job. I would take that as they know that spanish speakers are more likely suited to that job, so in the interest of appealing to the type of candidates they desire, they want to make sure those people can understand.

**seand** · 07-14-2012, 02:53 PM

Originally Posted by thegreattwizz

As your post title is written, yes, it is discriminatory and illegal to only spanish speakers for a job. However, it is not illegal or discriminatory to require a fluent language for a specific job. I would take that as they know that spanish speakers are more likely suited to that job, so in the interest of appealing to the type of candidates they desire, they want to make sure those people can understand.

Because its important that people working in a Japanese restaurant be fluent in Spanish, of course. As opposed to say, Japanese.

However if the entire of the rest of the back room staff speak Spanish, maybe it is an ironic sort of requirement.

**raider.adam** · 07-15-2012, 09:13 PM

It is discriminatory if they were only going to hire hispanics. It isn't discriminatory to only hire people who can speak spanish (all races can speak spanish if they learn it).

**JasonMcElroy** · 07-16-2012, 01:06 PM

Can't see why this is even a question.

It's a skill required to do a job. If you don't have that skill, you're not qualified.

Is it illegal for bus operators to require a CDL? Is it illegal for surgery centers to hire only doctors? Airlines to hire only pilots?

Was this a troll post that I fell for?

Jason

**OffenseTaken** · 07-16-2012, 01:38 PM

If anything it sounds like they're targeting people willing to work longer hours for low (perhaps unlawfully low) wages, so it's hard to say who's being discriminated "against" and who's being discriminated "in favor of." But they're obviously not breaking any laws; the need to communicate with the rest of the low-ranking kitchen staff could alone be justification for this.

In France, they do have a law that job postings must be entirely in French. This is getting increasingly ridiculous, though, as knowledge of English becomes a condition of employment in more and more cases. There is no effective difference between "You must be able to speak English" and "Il faut que vous puissiez parler anglais," except that one will get you hauled into court for human-rights violations.

**carloss** · 07-16-2012, 02:11 PM

Obviously the language-versus-ethnicity distinction makes it a gray area. I doubt that the company would refuse to consider an application from an English speaker for a restaurant job, assuming s/he was even aware of the job opening. But if you're really looking to hire Latinos, wouldn't you be better off networking than posting something in public?

Some jobs do require fluency in a language as a requisite. That said, I'm entertained by the thought that anyone would consider speaking Spanish a necessary skill to drive a car or operate a hibachi.

**seand** · 07-16-2012, 02:14 PM

Originally Posted by carloss

That said, I'm entertained by the thought that anyone would consider speaking Spanish a necessary skill to drive a car or operate a hibachi.

Its a little known fact that yakitori chefs in Japan are all completely fluent in Spanish.

**annie** · 07-16-2012, 02:18 PM

So all the employment ads in Al Dia or the Korean Daily News should be in English? I'm not really following.

It is in theory even possible to get a Green Card based on a labor certification for a position that required fluency in a foreign language. Has to be justified and the DOL will give it more scrutiny but it can be done.

**raider.adam** · 07-16-2012, 02:56 PM

Originally Posted by carloss

Obviously the language-versus-ethnicity distinction makes it a gray area.

I don't even think it is a gray area. When a white or black person who speaks spanish doesn't get hired for someone who is hispanic, then it is an issue.

I think this is all a non-issue.

**carloss** · 07-16-2012, 04:17 PM

The majority of classifieds in foreign-language newspapers are for jobs at businesses whose ownership and/or client base largely speak the language, jobs where knowledge of the language is a requisite, or jobs that are also advertised elsewhere in English, but which may offer a preference and better pay to bilingual applicants.

This being a supposedly Japanese establishment, this case didn't strike me as falling under any of the above, hence the reason I brought it up. (I'm assuming, of course, that they didn't already publish an English listing in the Inquirer or on craigslist.)

At this point, what interests me more is the implication that no one from other backgrounds would want these jobs.

**seand** · 07-16-2012, 04:26 PM

OK which brings up a totally off-topic question I have had about the large number of Korean-owned Japanese restaurants in Philly. Are these mostly ethnic Koreans from Japan or simply Korean Americans who figure Japanese restaurants have wider demographic appeal in the US or some combination of the two? Is it sort of like Greek's and pizzerias, just something immigrants from one country often do?

I mean its funny because sushi is certainly popular in Korean restaurants and friends who have lived in Japan have said you can't swing a cat without hitting a Korean barbeque in Japan. So its not like they are distant cultures but one does notice a lot more traffic in one direction.

**BarryG** · 07-16-2012, 11:53 PM

Originally Posted by seand

OK which brings up a totally off-topic question I have had about the large number of Korean-owned Japanese restaurants in Philly. Are these mostly ethnic Koreans from Japan or simply Korean Americans who figure Japanese restaurants have wider demographic appeal in the US or some combination of the two? Is it sort of like Greek's and pizzerias, just something immigrants from one country often do?

I mean its funny because sushi is certainly popular in Korean restaurants and friends who have lived in Japan have said you can't swing a cat without hitting a Korean barbeque in Japan. So its not like they are distant cultures but one does notice a lot more traffic in one direction.

I don't know the answer to your question but I think most of the Vietnamese restaurants are owned by ethnic Chinese (many who probably lived in vietnam) and many Italian restaurants are run by Albanians, and not just in the us but in Europe too.