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My coworker is being wrongly discriminated against- what can I do?

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minn7

Junior Member
What is the name of your state (only U.S. law)? Missouri.

I work at a retail store that is managed by the owners (a married couple) and has a staff of about eight college kids. I've been there for about a year, and shortly after I started, all but one employee left (they had all just graduated and were starting their careers). At the time, all employees were female.

When asked to recommend some new hires, I gave them the name of a good (male) friend of mine. They told me that they had "bad experiences" with male employees in the past. They said they "preferred to hire girls" and had done so for the last several years. I told them my friend (let's call him John) was a good, respectful, reliable person who would never do any of those things. They interviewed him, liked him a lot, and hired him. In his early shifts, they regularly made comments about how they'll be keeping their eye on him because of their previous male employees' poor performance, and are very open about the fact that they don't like hiring men.

In the couple of months after they hired John, they hired a few more people. Two new employees (hired after John) were given promotions, John was not considered.

One day my boss told me that one employee was getting a "free pass" for the day to work on homework while on the clock, leaving me to run the store alone. A few days later, my boss complained about John reading a book while on the clock.

Another day, a keyholder completely failed to show up for her shift one day and left town, forcing John to work the entire shift alone until a recently hired employee could come in and help him four hours later. The new employee received a cash bonus for coming in, while John was not even thanked for working a busy and stressful shift alone. The bosses never reprimanded or discussed the missed shift with the keyholder, but reprimanded John for being three minutes late the following morning.

One keyholder is quitting because of the inconsistent and passive aggressive management, and recommended that John be promoted to replace her as he needs the hours and is a good employee. They informed her that they'd "rather not" and would prefer to promote our newest employee (after six weeks) instead of John (an employee of almost a year).

John needs the job, and it's very difficult to find part-time work in our town. He doesn't like conflict and doesn't want to anger his bosses. He is very clearly being discriminated against based on his sex, and I find it infuriating. I do not like seeing a coworker (especially not my boyfriend) treated unfairly, and several of my coworkers agree that they are sexually discriminate and treat him unfairly.

Is there anything I can do without jeopardizing our jobs?
 
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swalsh411

Senior Member
Most of that is irrelevant. Try to explain in 3 sentences or less why you feel your "friend" is being discriminated against because of gender.
 

cyjeff

Senior Member
Nope.

And you also had absolutely no expectation of privacy.

They aren't your doctor or lawyer... there is no code of silence.

If John doesn't like the job, he needs to find another one... and grow a spine in the process.
 

minn7

Junior Member
It's not about "not liking the job," he's being discriminated against, it's against the law.
 
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cyjeff

Senior Member
It's not about "not liking the job," he's being discriminated against, it's against the law.
Only if it is illegal discrimination.

You discriminate every day.. you discriminate against one restaurant when you choose another. You discriminate against one person when you decide to go to lunch with another.

Doesn't make it illegal.

If they discriminate against him for his sex, that is illegal. If they just treat him like crap because he reads on the clock, that isn't.

By the way, if he WAS reading on MY clock, his butt would be sitting on the curb.

Furthermore, it isn't necessarily against the law to discriminate about hiring practices. You didn't mention what the store sells.

Most women don't want to discuss their bra size with a male employee. Well, maybe if THEY were the employer... but I digress.

It was also completely inappropriate for YOU to get involved. I would have fired you, too.

You apparently believe you have rights that you do not.
 

Proserpina

Senior Member
It's not about "not liking the job," he's being discriminated against, it's against the law.

Most discrimination is not illegal.

And really - reading on the job would get you fired in every place I've ever worked.

(Unless of course, that's part of the job... :cool: )
 

minn7

Junior Member
Only if it is illegal discrimination.

You discriminate every day.. you discriminate against one restaurant when you choose another. You discriminate against one person when you decide to go to lunch with another.

Doesn't make it illegal.

If they discriminate against him for his sex, that is illegal. If they just treat him like crap because he reads on the clock, that isn't.

By the way, if he WAS reading on MY clock, his butt would be sitting on the curb.

Furthermore, it isn't necessarily against the law to discriminate about hiring practices. You didn't mention what the store sells.

Most women don't want to discuss their bra size with a male employee. Well, maybe if THEY were the employer... but I digress.

It was also completely inappropriate for YOU to get involved. I would have fired you, too.

You apparently believe you have rights that you do not.
He is being unfairly discriminated solely based on his sex, and his performance is ASSUMED to be poor-- our employers will openly say that they find it too bothersome to be out on the sales floor with their employees and are completely unaware of their individual employees' performances.

The owners tell you that it is perfectly acceptable to read at work. I stated this in my original post, until I removed it when I received complaints about too many details. Employees are allowed to use laptops, books, do homework, text, etc, as long as there are no customers in the store and there aren't shipments waiting to be unpacked. As I said, they've given employees a "free pass" to work on homework instead of working while on the clock.

It's a sports fans' store that sells tee shirts. It's not exactly inappropriate to hire a guy to work there.

I'm not getting involved, I'm not going to intervene with the boss, I'm asking for information so that I can help my coworker understand their rights and how to improve the entire atmosphere at my place of employment. All of the employees find it stressful and problematic that he is unfairly discriminated against, and it has had a negative impact on the staff's dynamic.
 

Proserpina

Senior Member
He is being unfairly discriminated solely based on his sex, and his performance is ASSUMED to be poor-- our employers will openly say that they find it too bothersome to be out on the sales floor with their employees and are completely unaware of their individual employees' performances.

The owners tell you that it is perfectly acceptable to read at work. I stated this in my original post, until I removed it when I received complaints about too many details. Employees are allowed to use laptops, books, do homework, text, etc, as long as there are no customers in the store and there aren't shipments waiting to be unpacked. As I said, they've given employees a "free pass" to work on homework instead of working while on the clock.

It's a sports fans' store that sells tee shirts. It's not exactly inappropriate to hire a guy to work there.

I'm not getting involved, I'm not going to intervene with the boss, I'm asking for information so that I can help my coworker understand their rights and how to improve the entire atmosphere at my place of employment. All of the employees find it stressful and problematic that he is unfairly discriminated against, and it has had a negative impact on the staff's dynamic.


Really, the employer doesn't have to treat all employees equally.

If he thinks he's genuinely being discriminated against illegally, he should speak with a local attorney who can guide him further.

But from what you've said, I don't rate his chances.

Unfair does not equate to illegal, btw.
 

minn7

Junior Member
Really, the employer doesn't have to treat all employees equally.

If he thinks he's genuinely being discriminated against illegally, he should speak with a local attorney who can guide him further.

But from what you've said, I don't rate his chances.

Unfair does not equate to illegal, btw.
Is it really that unfounded when the bosses are walking around saying things like "we're being harder on John because we've had bad male employees in the past, we wouldn't want him to get any bad ideas..." or "we don't like hiring guys, they're all bad employees"-- they make no attempts to disguise their prejudice.
 

Proserpina

Senior Member
Is it really that unfounded when the bosses are walking around saying things like "we're being harder on John because we've had bad male employees in the past, we wouldn't want him to get any bad ideas..." or "we don't like hiring guys, they're all bad employees"-- they make no attempts to disguise their prejudice.


Proving that will be the problem though.

And since you dated John, you're hardly an objective witness.

Seriously - have John speak with an attorney.
 

minn7

Junior Member
Proving that will be the problem though.

And since you dated John, you're hardly an objective witness.

Seriously - have John speak with an attorney.
As I have previously and repeatedly stated, all but one of our coworkers recognizes this discrimination, has heard these statements, is offended by their statements, and believe that John is a quality employee who is unfairly treated.

But thank you, if the situation continues to worsen, I will be sure to pass on your advice to John.
 

Proserpina

Senior Member
As I have previously and repeatedly stated, all but one of our coworkers recognizes this discrimination, has heard these statements, is offended by their statements, and believe that John is a quality employee who is unfairly treated.

But thank you, if the situation continues to worsen, I will be sure to pass on your advice to John.


And when it comes down to it, how many of those co-workers are going to go up against their employer?

In this economy?

I'm not playing devil's advocate (well, not much anyway) but really - sexual harassment claims can be incredibly difficult to prove without hard evidence.

His word against the employer? He loses.

His word against the employer and co-workers who deny anything is wrong? He loses.

His best bet might be to look for another job and be the absolute best "by the book" employee that he can at the moment.
 

minn7

Junior Member
And when it comes down to it, how many of those co-workers are going to go up against their employer?

In this economy?

I'm not playing devil's advocate (well, not much anyway) but really - sexual harassment claims can be incredibly difficult to prove without hard evidence.

His word against the employer? He loses.

His word against the employer and co-workers who deny anything is wrong? He loses.

His best bet might be to look for another job and be the absolute best "by the book" employee that he can at the moment.
Again... with the exception of one of our 8 employees, only one of them thinks that the situation is fair and acceptable. The rest of the staff has acknowledged this discrimination and is bothered by it.
 

Proserpina

Senior Member
Again... with the exception of one of our 8 employees, only one of them thinks that the situation is fair and acceptable. The rest of the staff has acknowledged this discrimination and is bothered by it.


Again...how many would be willing to go up against their employer when it comes down to the crunch?

There's not much else to be said here. He should speak with a local attorney.
 

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