Welsh-focused bar Longbow Pub got into hot water last year after posting a Craiglist job ad stating that “Being British definitely works in your favor," if you're applying for a bartending position. This didn't fly with the city's Commission on Human Rights, who fined owners Jennifer and Michael Colbert $2,500 for violating a discrimination law by "giving a preference to employment applicants based on their national origin." Instead of ponying up the cash, the Colbert's are fighting the city, and have a "conciliation meeting" next month that will either see them victorious or owing as much as $7,500 instead of settling.
In a phone call with Jennifer Colbert this afternoon, the frustrated bar owner said she understands that the city has to pursue discrimination cases, but countered that the ad didn't say they would only hire Brits. Further, their business model relies on barkeeps who are from, or at least familiar with, British culture:
We're a small place, chemistry is very important. If a British person walks in and the girl behind the bar is pretending to be British and doesn't actually know anything about Britain that's really not giving him a piece of home is it? British culture is distinct from American culture; they have their own lingo, their own television programs, their own pop music. It's two different things. Just because we speak English doesn't make us interchangeable.
The city, however, doesn't believe the Colbert's defense holds water. Clifford Mulqueen, Deputy Commissioner at the Commission on Human Rights, concedes that in some cases, "there's room for a legitimate business reasons to look for one type of person or another," but says "those instances are pretty rare." If the bar had simply looked for employees who were knowledgeable about British culture then the city wouldn't have taken umbrage with the job posting. "But to say 'Preference for British nationals,' that crosses the line."
And so it will come down to the conciliation meeting, where the Colberts admit they're at a "significant disadvantage" when it comes to fighting the city. But though they may lack the legal and financial resources, the Colberts are resolute that they have done nothing wrong. "To me, you're applying this very specific letter of one little piece of law without looking at law in general and the bigger picture, the principle of the matter," Ms. Colbert explained. "We're not looking to discriminate based on national origin." Best of British to them!
