Missouri  |  Discrimination Law

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