The allegations highlight the fine line between lawful business policy and unlawful discrimination.
New York, NY (PRWEB) June 26, 2013
A New York pub agreed to pay a fine for discrimination after advertising for staff with a knowledge of British culture, reported the BBC (6.20.13). The allegations highlight the fine line between lawful business policy and unlawful discrimination, explained New York civil rights violation lawyer David Perecman.
The Long Bow is advertised as the only Welsh pub in New York. The owners of the pub, Michael Colbert and his wife Jennifer were accused of discrimination after they placed a help wanted ad for a new wait staff member, the BBC said. The ad said: "Being British definitely works in your favour."
New York City's Commission of Human Rights said that the ad was discriminatory because the pub owners expressed a preference for one group of people over another, reported the BBC.
While it is illegal for an employer to give preference to any person from a particular country, it is legal to require knowledge of food, language, or culture that conforms to a business model, explained Perecman.
The Colberts explained that they were looking for someone familiar and comfortable with UK culture, but were not seeking anyone with a specific nationality. According to the BBC, the couple agreed in a pre-trial conference to pay the fine of $2,500 (£1,600) issued by New York City's Commission of Human Rights.
“Employers must be careful to avoid showing preference for a prospective or current employee because of personal characteristics or traits like racial or gender-related characteristics,” said Perecman, founder of The Perecman Firm, one of New York’s civil rights violation law firms.
To discriminate against someone means to single out or make a distinction about that person. Discrimination may include preference for race, sex, age, disability, religion, or national origin.
Individuals who believe they have been victims of a New York civil rights violation including discrimination or sexual harassment in the workplace can contact The Perecman Firm at 212-977-7033.
The BBC article cited is “New York Welsh pub Long Bow agrees fine for discrimination.”
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York civil rights violation, medical malpractice, construction accident, and auto accident lawyers at The Perecman Firm, PLLC have handled all types of cases including racial profiling and bias crimes. David Perecman, founder of the Firm, has been recognized for his achievements as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010. The prestigious U.S. News & World Report ranks The Perecman Firm among the top 20 personal injury firms in New York City for 2011-2012 and 2012-2013.
The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict** for a construction accident (Index 112370/03) Supreme Court, New York County, a $5.35 million dollar verdict*** for an automobile accident (Index 2749/04) Supreme Court, Kings County, and a $40 million dollar structured settlement for medical malpractice (Index 2146/03)****Supreme Court, Kings County.
The Perecman Firm serves Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Westchester, Upstate NY, Morris County, and Rockland County.
**later settled while on appeal for $7.940 million
*** later settled for $3.5 million
**** total potential payout
"Prior results do not guarantee a similar outcome."