Is this descrimination under MO law Missouri

[prestonb02]

I have been with my current employer for 6 years. I was a sophomore in high school when i began. I am currently the only male employed within this store. The corporation itself owns 6 or 7 stores. I am also the only employee in the store with a college degree. I am an assistant manager but there are 4 women who also are. We recently received raises and I found out that mine was significantly lower than all of the other assistant managers while I have many duties I perform that they do not because quote "they are women" I have also been employed by the company longer than 2 of the other assistant managers. Basically what i'm asking is if I can prove that my lower raise is based on my gender or age do I have a case for discrimination? Thank you for your time let me know if any more details are neccessary.

[ElleMD]

You do if it is based on your gender, but age is only protected if you are over 40. Paying you less because you have less overall experience than the others is perfectly legal. The experience need not be at the same place. If they have been working in retail for 20 years to your 6, the company is permitted to pay them more to reflect that, even if they have only been with your employer for 2 years.

[prestonb02]

How about if they have not had more retail experience one was a stay at home mom and the other worked at a nursing home. Does that make a difference or not?

[cbg]

It might make it easier to support a claim but it is not sufficent to prove a claim.

[ElleMD]

It need not be retail experience and it need not be immediately preceeding employment at the store you are currently at. What really matters is whether or not you were paid less because you are male. If it is for any other reason not legally protected by law (they like the others better, performance, more work experience overall, their name was pulled from a hat, the owner likes her blue socks.....) it isn't illegal.

[prestonb02]

How hard is it to prove it is because I am male. Do they actually have to admit it and if so is it legal for me to record a conversation between me and them without them knowing? I am sure that is what it is. There are no other males who work here and all that have have been accused of stealing and forced to quit or fired. When i started which is the same time the store manager started there were 5 males out of 15 total employees in the store now there is 1. I know I should just quit and drop it but it is kind of a pride issue. Is there somewhere I can atleast report it? Would that go through Missouri State Human Resources?

[ElleMD]

Whether you can record them or not is up to state law but frankly, I doubt they would admit it even if you asked. Just from what you have already posted you have given several other reason it could be. Just being the only male is not enough to prove anything. The circumstances of the other 4 may or may not be relevant to show a pattern of discrimination but if that is all you have, it isn't a strong case. Particularly if they left for suspected theft.

Have you asked why your raise isn't higher? Complaining that Jane got more than you did isn't likely to go over well but if you feel you didn't get the increase you deserve, then it is certainly worth mentioning to your manager. There may be a perfectly reasonable and legal explanation. That you are the youngest could very well be it. If you haven't been an assistant manager as long that could be a reason too. You don't say how long you have actually been an AM compared to the others, just that you have been there overall longer than 2 of them.

While you can use circumstantial evidence to show that your gender must be the reason you were paid less, the company can refute it by providing a legal reason for the difference. Common reasons are that hte other negotiated better salaries, their performance was better, and they had more experience overall. You don't have to agree that these are the criteria that should be used.

[rjc]

IMHO, the fact that you are the only male and have been treated differently goes a long way, if not all the way, to establishing a prima facie case. Your employer will most definitely (as has already been pointed out, they will not admit disparate treatment) provide non-discriminatory reasons for their actions. Thus, the burden will ultimately fall to you to demonstrate that the reasons provided are pretextual.

Your greater experience, your significant smaller raise and your additional duties are not circumstantial evidence, but rather are facts. When contrasted to your gender as compared to all others, they demonstrate that your were treated differently. However, as explained, the inquiry far from ends there.

Having said all that, the first step should be to contact HR and make your concerns known. HR should provide you with some reason(s), but if you get no satisfaction there then I would advise contacting the EEOC and/or local counsel.

[prestonb02]

Thank you very much. I appreciate all of your responses. I have requested and explanation and will either let you know or seek council when I receive a response. Thank you again for your time it is greatly appreciated. You guys do a great job.