Is this racial discrimination ?

[willynilly]

Recently I read this article

The article is about a restaurant that charges 18% gratuity in the bill, but that's not the weird part, it is the fact that the restaurant charges this extra amount only for south asian customers that is raising eyebrows.
Here's a quote from the article :

[QUOTE]This Indian dinner allegedly came with an extra-large helping of discrimin-ation and a side of assault.
Two patrons filed suit against the Baluchi?s restaurant chain yesterday over claims that their bill was illegally padded with an ?automatic? 18 percent gratuity reserved for South Asian customers

The reasoning presented by the restaurant owners is that, they've done this because south asian customers "never tip" .
It left me wondering whether they had a point, that south asian customers generally aren't generous tippers and hence this charge could be justified, especially since some times the wait staff is paid less than minimum wage, because they can make money in tips, so in a way the wait staff depends on such 'tips'.
On the other hand, since the restaurant didn't have a similar policy for patrons of other racial backgrounds, and did not have a uniform gratuity policy, this could be considered racial discrimination. There are places that do include gratuity along with the bill, especially for larger groups of people, but this is done for every customer, irrespective of the color of their skin.
So it begs the question, do the owners have a point, or are they racially discriminatory towards south asians?
Do the said customers in the matter, have a possible lawsuit here?
If the comments on the article are anything to go by, there seem to be strong views on both sides of the aisle on this matter.

[VS007]

Tips should always be optional, never mandatory.
This is purely discriminatory.

[R2I-2010]

Do owners have point when they say south Asians don't tip (generously)? - Yes.
Was restaurant owners' action discriminatory? - Yes.

[M V]

Do owners have point when they say south Asians don't tip (generously)? - Yes.
Was restaurant owners' action discriminatory? - Yes.

Agree with point 2 above.

Point 1 is generally true - Asians tend to not tip generously.

But, isn't it also true that restaurant owners and staff might provide a different level of service to non-Asians? The table with Asians might get a slower service, for example? Asians might get seated at a not so prime table? Non-Asians might get seated at a good table even without asking for it?

I remember watching a video that showed two people trying to hail a taxi in NYC. One is a black actor, another a white felon or convicted person. The white guy gets a taxi faster. Not sure about the video's details, might have got some wrong. Was posted here by Boca, Okonomi or Jani or I saw it on FB. : )

[boca]

Baluchi's is an Indian restaurant. I think it is owned by an Indian. :)

They are probably the same restaurant that was slapped with a class action which ended up with them coughing up $1M for not paying their workers (one of the charges were misappropriation of tips).

http://wageandhour.yezbaklaw.com/2011/02/articles/restaurant-workers-1/baluchis-indian-food-to-pay-1-million-to-workers/

[R2I-2010]

Agree with point 2 above.

Point 1 is generally true - Asians tend to not tip generously.

But, isn't it also true that restaurant owners and staff might provide a different level of service to non-Asians? The table with Asians might get a slower service, for example? Asians might get seated at a not so prime table? Non-Asians might get seated at a good table even without asking for it?

I remember watching a video that showed two people trying to hail a taxi in NYC. One is a black actor, another a white felon or convicted person. The white guy gets a taxi faster. Not sure about the video's details, might have got some wrong. Was posted here by Boca, Okonomi or Jani or I saw it on FB. : )

True. I have experienced it in a Indian restaurant run by Indians. In fact one of the waiters said to me that only Indians create problems and not others (pointing to a non-Indian lady) eating at another table.

[M V]

True. I have experienced it in a Indian restaurant run by Indians. In fact one of the waiters said to me that only Indians create problems and not others (pointing to a non-Indian lady) eating at another table.

And Indians mostly create problems only at Indian run restaurants.

Maybe it is the case with other nationalities too. At a restaurant in a foreign land that is run by and serving food of their nationality, familiarity sets in and some contempt is bred. They mistake the restaurant for "mother" and "mother's kitchen". :)

Those with young children, might remember this book by Dr. Seuss. Are you my mother?

[R2I-2010]

And Indians mostly create problems only at Indian run restaurants. Maybe it is the case with other nationalities too. At a restaurant run by and serving food of their nationality, familiarity sets in and some contempt is bred.

Hehe.... I think it's true to large extent.

[Rajram]

It's not true that south asians don't trip generously. I am south asian and I tip even when ordering to go for the labor involved in packing and brown bags.

BTW, I tried to read the original article in NY times from my ipad, it is asking me to download the NY times ipad app and charging me $1.99 for it. I would rather save that money for my next tip than downloading that app :)

[Serenity now]

I have a friend who worked in Restaurants through his college days and he used to tell me that Indians come to the restaurant with gold watches on their wrists and nicely dressed up, but always tip on the lower side.... Its not that they don't tip. They always tip like 5-10% while the average he gets from other people about 15%...

I think its time for a poll on how much you tip....