Legal Question in Discrimination Law in Missouri
I am a waiter at a Mexican restaurant. I feel that I have been racially discriminated against and just want to know where I stand. It's really not a big deal but it strongly hurts my pride and my feelings. At work I am one of two Caucasian people working, the rest are hispanic, mostly family. Of the waiter staff there is one hispanic waiter who is not in any way related to the owners. So here is the situation I was yelled at for not paying for my food when I eat there, the only reason I did not pay for my food was because I saw this hispanic waiter never had to pay for his food. When I said to the general manager that I don't mind paying for my food as long as its fair and the hispanic waiter also has to pay for his, he said he would tell him to start paying. So today I went in and asked the cook to make me a salad, he told me that I have to put in an order on ticket to get it because the general manager told him so. So I did, no problem... but then I saw the hispanic waiter just walk in and start making himself food I asked the cook why he didn't have to make a ticket, and the cook told me that the general manager said he didn't have to. Is this racial discrimination? Is there a real case or worth my time to pursue this case?
1 Answer from Attorneys
What does and what does not constitute racial discrimination is always a fact based question. A few diferent facts can make it one or the other. Basically, the kind of racial discrimination you describe could be disparate treatment. That is treating one race one way, and all the others another. It probably seems to you that this is exactly what is happening in your case. What coudl lessen the likelihood of finding racial disparity is that there are only two employees in this scenario. You did not indicate that they ever said or intimated that you have to pay because you are caucasian. So, it coudl be that they just like him better persaonally then they do you. I know that hat sounds harsh, but Missouri is an "at will" employment state. Employers are allowed to hire and fire based upon who they like more. In certain aspect, they get away with making working conditions different for those they like and those they do not.
You can make acomplaint to the EEOC or the Missouri Human Right Commission, and explain that there are two evenly situated employees. One, the Caucasian has to pay for his food, the other is hispanic does not have to pay for his food. they may investigate and try to determine if there is disparate treatmetn occurring here. Since this is a mexican restaurant, it may bolster your claim that the disparate treatment is occuring because of race.
As long as your cubmissionis honest, the restaurant is forbidden from retaliating against you for making the claim. In fact, if woudl be seprate human rights violation to do so. you need to make a cogent complaint to the owners, to maek sure they are awae of the situation, if you do not get satisfaction from the manager.
Good luck
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