Asked by James Acsayan on May 26, 2024
Verified
Mei owns a Chinese food restaurant. Her cook, named Humin, speaks only Chinese and no English. The clientele is a mixture of Chinese-speaking and English-speaking people. Mary, who only speaks English applies for a job as a server. Mei does not hire her even though she has a lot of experience. Mei will only hire someone who can speak Chinese as well. Can she do this?
A) Yes, the ability to speak Chinese is a bona fide occupational requirement; therefore, there is no discrimination under the human rights legislation.
B) Yes, human rights legislation does not apply to the employment of servers.
C) No, human rights legislation prohibits discrimination in the hiring of employees.
D) No, human rights legislation does not apply to the employment of servers.
E) No, the ability to serve food is the only bona fide occupational requirement, therefore there is discrimination under the human rights legislation.
Bona Fide Occupational Requirement
A criterion for job positions that is legitimately necessary for the performance of a job, even if it discriminates on certain grounds, under legal justification.
Human Rights Legislation
Laws enacted to protect individuals and groups against discrimination and to guarantee fundamental freedoms and rights, such as freedom of speech and equal treatment.
Discrimination
Unfair or unjust treatment of people based on characteristics such as race, age, sex, or disability.
- Recognize statutes safeguarding workers against discrimination and harassment in the employment sector.
Verified Answer
WG
Wilson GarciaMay 27, 2024
Final Answer :
A
Explanation :
The ability to speak Chinese is a bona fide occupational requirement in this context, as the cook speaks only Chinese and the clientele includes Chinese-speaking individuals, making it necessary for effective communication and service.
Learning Objectives
- Recognize statutes safeguarding workers against discrimination and harassment in the employment sector.