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    210. Is It Okay for Restaurants to Racially Profile Their Employees?

    en-usJune 25, 2015

    Podcast Summary

    • Understanding Human Behavior Through DataFreakonomics Radio explores human behavior using data, challenging listeners to consider factors beyond ideologies.

      Our perception of the world can be influenced by various factors, including ethnicity and ideologies. However, at Freakonomics Radio, they strive to understand human behavior through data. Sponsors of the podcast include WordPress.com, offering affordable website plans with 24/7 customer support, and IBM, helping farmers increase crop yields using technology. The podcast is also funded through listener donations to its producing partner, WNYC. A recent episode discussed the controversial topic of ethnicity and hiring practices in restaurants, specifically the practice of hiring staff that match the ethnicity of the food served. This raises questions about discrimination and cultural expectations. While it's easy to form opinions based on ideologies, Freakonomics Radio encourages listeners to consider the data and factors that influence human behavior.

    • Personal connections influence ethnic makeup of restaurant staff and authentic cuisinePersonal experiences and connections can lead to bringing authentic ethnic staff into a restaurant, enhancing the dining experience for customers.

      The ethnic makeup of restaurant staff, including Mexican, Indian, Italian, and others, can be influenced by personal connections and the desire to serve authentic cuisine. This was illustrated in the story of Nat and Liz Milner, who opened Gabriella's Mexican Restaurant and Tequila Bar based on the cooking of their Mexican employee, Gabriela Hernandez. The authenticity of the food and the cultural background of the chef played a significant role in the restaurant's success. The Milners' personal experiences and connections led them to bring Gabriela's family into the business, resulting in an authentic Mexican dining experience. The story also highlighted the importance of tequila in Mexican culture and the Milners' commitment to sourcing high-quality tequila directly from Mexico.

    • Authentic Mexican restaurant workforce in NYDuring peak hours, 40% of a NY Mexican restaurant's staff are Mexican, hired through word of mouth and Spanish ads, enhancing the customers' experience with shared cultural understanding and authenticity.

      The authenticity of a Mexican restaurant in New York is not only reflected in its food but also in its workforce. During busy shifts, around 20-25 people work in the front of the house, and about 40% of them are Mexican. The hiring process is mostly done through word of mouth and Spanish newspapers, leading to a predominantly Latin team. The customers, to some extent, prefer an authentic experience with Spanish-speaking staff and dark-haired servers. But it's not just about appearances; the fast-paced environment and shared cultural understanding contribute to the overall experience. The restaurant's employees come from various Latin American countries, creating a diverse team that speaks Spanish and contributes to the restaurant's authenticity.

    • Hiring practices in ethnic restaurants self-select based on applicant pool demographicsImmigrants and first-generation Americans are more likely to be hired in ethnic restaurants due to their strong work ethic and cultural fit.

      The hiring practices in ethnic restaurants may self-select based on the demographics of the applicant pool. Immigrants and first-generation Americans, who often see the restaurant industry as a career and possess a strong work ethic, are more likely to be hired in these establishments. Additionally, the decor, menu, and overall vibe of ethnic restaurants often cater to specific cultural groups, creating a desire for staff that fits the image and feel of the restaurant. This was evident in the discussion about Gabriela's Mexican restaurant and Elizabeth's Neighborhood Table, where the former had a predominantly Latino kitchen staff and the latter had a more diverse and mixed weight staff. However, it's important to note that this trend does not stem from any deliberate or malicious intent, but rather from the natural self-selection process.

    • Ethnic segregation in the restaurant industry may not always equate to discriminationIn a competitive market, ethnicity of servers may not significantly impact dining experience or job performance, and could be customer preference

      While there may be a trend of ethnic segregation in the restaurant industry, particularly in the front and back of the house, it does not necessarily equate to discrimination. Economist Steve Levitt argues that in a competitive market with various dining options, the ethnicity of servers in a specific restaurant may not significantly impact the quality of the dining experience or the performance of the job. Instead, it may be a customer preference and a way to enhance the overall dining experience. However, it's essential to differentiate between this type of discrimination and instances where employers make hiring decisions based on unrelated criteria. Ultimately, the restaurant industry's diversity reflects the broader societal trends and the complex interplay of various economic, cultural, and social factors.

    • Avoiding Ethnicity-Based Discrimination in HiringHiring practices based on ethnicity can lead to legal issues and lack of authenticity. Focus on qualifications and merit, and create an inclusive environment for all.

      While it may be tempting to hire staff who fit a certain ethnicity or appearance for an ethnicity-themed restaurant, it is important to be aware of the potential legal implications of doing so. Discrimination based on ethnicity is against the law, and hiring practices that appear to favor certain ethnicities can lead to costly lawsuits. It is essential to consider the legal and ethical implications of such hiring practices and to ensure that all hiring decisions are based on qualifications and merit. Additionally, it may be more challenging to maintain authenticity in an ethnicity-themed restaurant if staff do not have a genuine connection to the culture being represented. Instead, focus on creating an inclusive and welcoming environment for all customers and staff, regardless of their ethnicity or appearance.

    • Using Data Analysis to Succeed in New ExperiencesData analysis tools can help individuals and businesses make informed decisions, even in unfamiliar situations. Immersing oneself in new cultures and experiences, even with limited skills, can lead to unexpected opportunities.

      Data analysis, made accessible through modern tools like Looker, can help individuals and businesses make more informed decisions. Comedian Dez Bishop's experience in China showcases this, as he used his limited Mandarin skills to connect with audiences and even landed a job as a greeter at a Chinese restaurant. Despite the language barrier, Bishop's unique perspective and confidence allowed him to succeed in this role. On a larger scale, companies like Looker enable users of all skill sets to access, analyze, and utilize data to drive growth and innovation. Additionally, Bishop's story highlights the importance of immersing oneself in new cultures and experiences, even if it means starting with a simple greeting.

    • Language barriers in Chinese restaurantsForeigners in less touristy areas of China may face challenges due to language barriers, leading to misunderstandings and feelings of exclusion.

      Despite the affordability and popularity of eating out in China, language barriers could pose significant challenges for foreigners, especially in less touristy areas. The speaker, Bishop, shared his experience of working as a host in a Chinese restaurant in Hugang, where he was often misunderstood or ignored due to his limited Chinese language skills. He recounted how customers would frequently ask why he was there, and he would try to communicate by pointing to the room names, which were all named after expensive cars. However, his poor Chinese often led to misunderstandings and frustration. The most memorable incident was when three drunk men made fun of his attempts to greet customers in Chinese. Despite the lack of racial sensitivity in China, language barriers could create a sense of alienation and exclusion for foreigners.

    • Hiring based on ethnicity or appearance for restaurant workersWhile hiring based on ethnicity or appearance for restaurant workers may seem necessary for authenticity or customer preference, it may not be considered fair or legal under employment discrimination laws. The BFOQ defense can be used, but it's tricky and may not always hold up in court.

      The practice of hiring restaurant workers based on their ethnicity or appearance to match the cuisine can be a complex issue with legal implications. While some argue it may be necessary for authenticity or customer preference, it may not be considered fair or legal under employment discrimination laws. The 1964 Civil Rights Act prohibits discrimination based on race, sex, and other factors, but there are exceptions such as the bona fide occupational qualification (BFOQ) defense. However, using the BFOQ defense can be tricky and may not always hold up in court. For instance, the airline industry once used the BFOQ defense to justify hiring only young, unmarried women as flight attendants based on customer preference, but this was later ruled discriminatory. Ultimately, the goal of employment discrimination laws is to overcome discriminatory preferences and open up jobs to everyone in a non-discriminatory fashion.

    • Hiring based on ethnicity in low-paying jobs could be discriminatoryEmployers must avoid any appearance of discrimination and ensure a diverse workforce based on merit and qualifications.

      Hiring practices based on ethnicity, even in low-paying jobs, could be considered discriminatory and potentially illegal under Title VII. However, the lack of litigation in these cases might be due to the number of employees or the use of familial relationships as a hiring preference. The definition of discrimination can be subtle and context-dependent, making it a complex issue to navigate in various industries, including retail clothing stores, where discrimination cases have been reported by the EEOC. Employers must be cautious to avoid any appearance of discrimination and ensure a diverse workforce based on merit and qualifications, rather than ethnicity or other irrelevant factors.

    • Discrimination in Hiring Practices: Illegal and HarmfulEmployers cannot base hiring decisions on ethnicity or language requirements unless job-related and necessary. Discrimination goes against welcoming, inclusive community principles and is illegal.

      Discrimination based on ethnicity or religion in hiring practices is illegal, as demonstrated by a recent Supreme Court case involving a Muslim woman denied a job at Abercrombie & Fitch for wearing a headscarf for religious reasons. The Equal Employment Opportunity Commission (EEOC) has brought several similar cases against restaurants, including one where a Houston restaurant allegedly fired servers based on their inability to speak Spanish, which was used as a pretext to maintain an all-Hispanic staff. Employers cannot make hiring decisions based on ethnicity or language requirements unless it is job-related and consistent with business necessity. The EEOC encourages employers to be aware of these laws and avoid discrimination in hiring. While it may be tempting to leave hiring practices alone if they seem to be working well for all parties involved, discrimination based on ethnicity or religion goes against the principles of a welcoming and inclusive community, especially in the context of a restaurant, which is meant to be a place where people come to relax and celebrate.

    • Competitive Eating: Mind Over MatterCompetitive eating challenges perceived physical limitations, but raises ethical concerns about pushing boundaries and using performance-enhancers.

      The competitive eating champion, Takaru Kobayashi, shared his experiences, which challenged the notion of what seems physically impossible. While some may believe that consuming 50 hot dogs in 12 minutes is an unreachable feat, Kobayashi proved otherwise. However, the discussion also touched upon the ethical implications of pushing physical limits and the use of performance-enhancing substances. Ultimately, the episode highlights the power of the mind in overcoming perceived limitations. Freakonomics Radio is a podcast produced by WNYC and Dubner Productions. The team behind the show includes Greg Rosalski, Caroline English, Susie Lechtenberg, Merit Jacob, Christopher Worth, and Rick Kwan. To explore more from Freakonomics Radio, listeners can subscribe to the podcast on iTunes or visit Freakonomics.com for additional radio episodes, a blog, books, and more. Stay tuned for a replay of a fan-favorite episode featuring Takaru Kobayashi next week on Freakin' Comics Radio.

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