Public Accommodations

EMPLOYMENT ALERT

PUBLIC ACCOMMODATIONS DISCRIMINATION

By Karen A. Khan, Esq.

I normally write about employment law issues, but this time I will focus on another form of discrimination that many folks have faced in some form or another. It is called public accommodations discrimination. We know about racial profiling by the police. But we should also be aware of racial profiling when customers enter places of public accommodation, such as a drug store or a grocery store.

Here is a scenario:

An older Black man walks into a busy downtown drugstore chain looking to purchase some items and to submit a prescription. He is wearing jeans, a T-shirt and a baseball cap. He has a backpack slung over one shoulder and a newspaper in one hand. The gentleman walks down the aisles looking for the items he intends on purchasing, but can't locate them. So, he decides to just go to the pharmacy to drop off his prescription. As he approaches the pharmacy, he hears someone behind him allegedly saying, ' I saw you steal.' The person who accused the man of theft is a store employee. The man empties his pockets. Nothing but his keys and his prescription. But, that isn't good enough. There is a subsequent demand to search his backpack. He refuses. The police arrive. A search of the man's backpack occurs. The police find only personal belongings. Racial comments are allegedly made by the employee.

The man was then barred from entering the store in the future, under threat of arrest. He never did get to drop off his prescription and suffered as the result. He is disabled.

In the District of Columbia, it is illegal to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodations, because of the person's race. If the scenario I described above is true, then the gentleman has a legitimate claim for race discrimination in public accommodations. He may also have a legitimate claim for defamation and for personal appearance discrimination. It doesn't matter whether the employee doing the accusing is also Black or belongs to another racial minority. What matters is the race of the accused, and the actions and comments that are made by both parties during the incident.

'Racial profiling' in places of public accommodation should not be taken lightly. But unfortunately, many folks either ignore it or feel that nothing can be done about it. However, the gentleman I described above is a real person and he is not ignoring what happened to him.

If you feel that you have been the victim of discrimination in a place of public accommodations, you have options. First, you can try to resolve the matter with the store. Second, you can walk away and forget about it. Third, you can file a charge of discrimination with the DC Office of Human Rights ("DC OHR") within one year of the incident. Lastly, you can file a lawsuit within one year of the incident, without first going to the DC OHR.

The contents of this Employment Alert are intended for informational purposes only and must not be considered as legal advice.

Karen A. Khan is a local attorney and litigator representing employers and employees in all areas of employment law who has represented both large corporations and individual employees alike in employment discrimination matters, and who has conducted litigation nationwide.

The Khan Law Group, PLLC is a Washington, D.C. based employment law firm representing corporate clients as well as individual employees with employment issues in Washington DC, Maryland, Virginia, and nationwide. The Group is dedicated to providing the highest calibre of personalized legal services and representation.

Contact The Khan Law Group, PLLC at 202-290-1670, for a confidential consultation.