Skip to Content

U.S. Equal Employment Opportunity Commission

Youth at Work

Mark, a Vietnamese male, applied for a job as a server at a local Chinese food restaurant. However, 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. Is this treatment illegal?

  1. No. Mark has not been discriminated against because the two servers who were hired were also male.
  2. No. The owner's treatment was not illegal because Chinese restaurant owners can legally refuse to hire non-Chinese individuals.
  3. Yes. It was illegal for the restaurant owner to refuse to hire Mark for a server position because he is Vietnamese, and not Chinese.
  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.