Cachau bant!

[Gob]

A Welsh pub in New York is facing a fine after advertising for staff with knowledge of Welsh culture.

Michael Colbert, originally from Wrexham, and his American wife Jennifer have been accused of discrimination.

They say they face a fine of $7,500 (£4,800) if they lose their case over the LongBow pub in Brooklyn.

They claim the advert wanted someone with a "specific skill set" but the New York City Commission of Human Rights said it believed it was discrimination.

Mr Colbert, who moved to America in the 1980s, told BBC Radio Wales that the couple feel they have to go to court to state their case.

"We are hoping down the line we can come to some agreement about what occurred, he said.

"We feel we need to go to court to have ourselves heard. There has been a nuance mistake, that's all."

The couple advertise their business as the only Welsh pub in New York and they said they were looking for someone who knew Welsh and British culture but did not want anyone with a specific nationality.

Mrs Colbert said: "The city has to protect the population against discrimination.

"However, in our case it is imperative that our staff understand British culture no matter how that happens.

"Did we write that only British people can apply? Of course we didn't. We are not looking to discriminate based on national origin."

The couple said the fine they faced was currently $2,100 (£1,300) as part of the conciliation process.

However, if they go to court and lose their case then they face a $7,500 fine, not including legal representation.

Cliff Mulqueen, general counsel of the New York City Commission of Human Rights, said: "There's an argument that someone who works in a Chinese restaurant, for example, may need to speak Chinese in order to communicate with their co-workers.

"But there's a difference between saying you have to speak Chinese and saying you have to be Chinese.

"The point is that she posted an ad that is discriminatory because she is expressing a preference for one group of people over another."

[Crackpot]

So they were looking for someone with knowledge of coal mining and sheep shagging?

[Gob]

and cheese on toast...

[Rick]

I so thought it was shearing...

[Sean]

Hmmm... so if a hospital advertises for a doctor in New York they'd better not suggest that applicants should have some sort of medical knowledge...

[Rick]

As long as they don't insist that they have a knowledge of Welsh culture it's ok...

[oldr_n_wsr]

The case against them should be tossed and the city made to pay thier legal fees. But this is NYC so anything can happen.

[Big RR]

I did a little searching and, apparently, the original ad did not just say "must know and understand British and Welsh culture", but said "being British definitely works in you favor" (although I could not find a definite cite to this). Last night I heard the representative of the commissioner say there is a big difference from saying an applicant "must speak Chinese or Spanish" vs "must be Chinese or Hispanic"; in this case, it appears the ad was badly worded, but that the ad connoted discrimination based on national origin; if it was an honest mistake, hopefully the court will let them off with a warning. One cannot advertise a position and say that one national origin will have a preference except under very stringent circumstances (which do not appear to apply here).

[Scooter]

Hmmm... so if a hospital advertises for a doctor in New York they'd better not suggest that applicants should have some sort of medical knowledge...

Exactly what is there about working in a bar that requires a knowledge of Welsh culture? Are the employees tasked to give lectures on the cultural history of Wales to the customers as they guzzle down their beer? Or is there a specifically Welsh way of pouring drinks, waiting tables, and scrubbing toilets that the rest of the world isn't privy to?

If someone were applying for a job at a museum of Welsh history, or something of the sort, this would ring true as a legitimate skill requirement. In this context, it reads as a poorly disguised attempt at discrimination based on national origin.

[Big RR]

Scooter--I suppose there may be any number of cultural things that would add to the atmosphere the owners want to provide, from keeping up to date with the latest Welsh soccer (or football if you prefer) teams, to knowing the country and its indigenous drinks and brews, possibly some knowledge of Welsh popular culture, not to mention how pubs are run and drinks are served in Wales. But the point is this--the owners are seeking to provide an experience to their patrons unlike any other establishment in NYC; if they want their servers who interact with their customers to be up on these and other cultural things, I think they have the right to insist on it--why shouldn't they? Anyone who wants to get the job there can bone up on Welsh culture and should be eligible for the jobs; if hiring is restricted to people from Wales, or if the requirement is a mere pretext to keep out certain undesirables, then they should be sanctioned. But if the owners really want to make an effort to provide this unique experience (however silly you or anyone else might think it is), and require their staff to do the same (in a non-discriminatory way), I think the law permits it.

[Gob]

It would be rugby rather than soccer in Wales Big RR.

Though they are in the best place to experience Welsh culture;





When we were in New Zealand and at a plastic Paddy Pub, I had a great night bantering with the staff, as they were all Irish. The fact that one was a redhead with the most stunning blue eyes did help, I think the hair was dyed though. (Didn't ask if the carpet matched the curtains.)

[oldr_n_wsr]

(Didn't ask if the carpet matched the curtains.)

Could have been Brazilian.