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Ad says ETHNIC CHINESE is a plus - is this legal?

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china2000

Junior Member
CALIFORNIA
The company in question is owned by a US publically listed company and headquartered in California is advertising in the US for an individual to work in China. Is it LEGAL for them in their US job posting (with a CA contact address) to state "While nationality is open, an experienced, multi-cultural , ethnic Chinese is a plus". I happen to be white - but fluent in Chinese and have extensive work experience in China. I had talked to the Publically Listed Company about another job -- but was told by their head hunter in China that I would not be considered because I was not Chinese. I can understand that perhaps THAT was legal as it was the headhunter in China saying this -- but in this case the job posting was in the US (online) with a CA hiring address. I feel that my ethnic background (white) is being used against me -- as they specifically said that being ethnic Chinese is a plus.

Thoughts?
 


Shay-Pari'e

Senior Member
Your kidding right? Look, if they want to employ a chinese person, that is what they want. Maybe they didn't like your tone, who know's, but they can hire anyone they want.
 

cbg

I'm a Northern Girl
Paridise, except in VERY limited circumstances, it is illegal in the US to refuse to hire someone because of their national origin.

China, in this particular case, where the job would be located in China, I'm not certain whether US law or Chinese law would apply. I understand that the company is located in the US, but if a company in China hired you and sent you to work in the US, US law would apply to you while you were here.

So my best suggestion is that you contact an attorney who is versed in either employment or immigration law, or both.
 

china2000

Junior Member
Yes- but is it legal to state that one's ethnicity will give them a preference?

Of course they can hire who they want -- and I have not spoken to this company -- BUT can they state that a specific ethnicity is prefered?
What if a job description said - ethnic Caucasian is a plus?

I found this online
Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

National Origin Discrimination
It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group

My question is -- that the hiring is taking place IN the US by a US company but for a position in China - does this apply?
 

cbg

I'm a Northern Girl
China - read my post. (We may have been posting at the same time.) I'm not an expert at international employment law but I'm not totally inexperienced either, and I think there's a reasonable chance that Chinese law, not US, applies.

Talk to an attorney.
 

china2000

Junior Member
Thanks. Yes we did overlap in our postings. I did email an attorney -- and just got an answer and was refered to www.eeoc.gov . Very interesting.
I appreciate your help.

FYI- this is from the www.eeoc.gov site ---

U.S. citizens who are employed outside the U.S. by a U.S. employer - or a foreign company controlled by an U.S. employer - are protected by Title VII, the ADEA, and the ADA.

Whether a Company is a U.S. Employer or Controlled By a U.S. Employer
An employer will be considered a U.S. employer if it is incorporated or based in the United States or if it has sufficient connections with the United States. Several factors help determine whether a company has sufficient connections with the U.S., including the company's principal place of business and the nationality of its dominant shareholders and management. Whether a foreign company is controlled by a U.S. employer will depend on the interrelation of operations, common management, centralized control of labor relations, and common ownership or financial control of the two entities. For more information, see http://www.eeoc.gov/docs/threshold.html#2-III-B-3-c
 

cbg

I'm a Northern Girl
Thanks, China. My international experience went the other way - we hired overseas and had them work in the US. That's good to know.
 

rmet4nzkx

Senior Member
Slightly off topic, but have you ever noticed at least here in California that Hoffbrau's are almost always operated by persons of Chinese herritage rather than German? However my very caucasian son worked in a chinese resturaunt. :confused: Go figure!
 

cbg

I'm a Northern Girl
Can't say I had, but I'll take your word for it. I haven't been to California since 2000.

What part of CA are you in, Ms. Cupcake? My brother lives in Oakland.
 

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