Which, if any, of the following scenarios would support an employee’s claim of discrimination on the basis of national origin?

a. A Dominican chambermaid in a hotel is denied promotion to front-desk duties primarily because of her inability to clearly articulate and to make herself adequately understood in English. [Majia v. New York Sheraton Hotel, 459 F. Supp. 375 (S.D.N.Y. 1978).]

b. Applicant with a speech impediment is unable to pronounce the letter “r.” The applicant therefore often has difficulty being understood when speaking and is denied a position.

c. The owner of a manufacturing facility staffed completely by Mexicans refuses employment to a white American manager because the owner is concerned that the Mexicans will only consent to supervision by and receive direction from another Mexican.

d. An Indian restaurant seeks to fill a server position. The advertisement requests applications from qualified individuals of Indian descent to add to the authenticity of the restaurant. In the past, the restaurant found that its business declined when it used Caucasian servers because the atmosphere of the restaurant suffered. An Italian applies for the position and is denied employment.

e. A company advertises for Japanese-trained managers, because the employer has found that they are more likely to remain at the company for an extended time, to be loyal and devoted to the firm, and to react well to direction and criticism. An American applies for the position and is denied employment in favor of an equally qualified Japanese-trained applicant, who happens to also be Japanese.