Not if the assignments constitute discrimination. A Mississippi waitress recently succeeded in defeating an employer’s motion to dismiss her case alleging that “bad tippers” were assigned to her purposefully as a way to discriminate against her for her race and age. Further, when she complained, her coworkers treated her in a hostile manner, calling her a “snitch.”
The employer moved to have the case dismissed, but the Court allowed it to go forward. Read the order here. The employer claimed that because some African-American waitresses over 40 received favorable treatment, there was no evidence of discrimination. The Court held that because the waitress “has identified both white servers and servers under the age of forty that she claims were treated better,” the waitress could proceed to trial with her claim.