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Can You Sue a Store for Discrimination for Having Loss Prevention Follow You

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  • 12-06-2014, 08:21 PM
    Helpmewithlaw
    Can You Sue a Store for Discrimination for Having Loss Prevention Follow You
    My question involves civil rights in the State of: New York

    I feel I was discriminated against based on my race..

    I went shopping with my children at a high end store. We were followed the entire time we were there.

    At check out, I shared that I was not happy what I experienced.
    I was told not to take it personal and that they had to follow us because it's the holiday season. I was also told they have so many small items in the store that they had to follow us to be certain we were not going to steal.
    I called to speak to the manager to share what I experienced at the store and was asked what do I want out of this..

    my children has been asking me if this was because the color of our skin. They are also scared that they will be followed every time we go shopping.

    Maybe I'm just highly upset with the managers response, but can we sue for discrimination and emotional distress on behalf of my children and myself. I'm so uncomfortable shopping now and my kids now constantly feel they are being viewed as criminals when they shop. Which is a shame. We aren't not third class citizens.
  • 12-06-2014, 08:43 PM
    cbg
    Re: Do I Have Grounds to File a Suit
    Let me put it this way.

    You can file a lawsuit, because no law says you cannot.

    However, if nothing happened beyond what you have described, you will lose.
  • 12-06-2014, 08:47 PM
    Disagreeable
    Re: Do I Have Grounds to File a Suit
    When I managed multiple retail stores, I taught employees to follow those fitting various shoplifting profiles. If questioned, they were instructed to respond they were there to answer any questions the customer might have. Nothing illegal in what you say.
  • 12-07-2014, 05:25 AM
    Helpmewithlaw
    Re: Do I Have Grounds to File a Suit
    Quote:

    Quoting Disagreeable
    View Post
    When I managed multiple retail stores, I taught employees to follow those fitting various shoplifting profiles. If questioned, they were instructed to respond they were there to answer any questions the customer might have. Nothing illegal in what you say.

    They never offered any assistance but instead confirmed that they were in fact following and not to take it personal.

    I'm a mother, who carries herself and children well. I'm not sure how I would've fit any profile, other than being black.

    In my youger days, I worked retail at Victoria secret, and we were ways instructed in our headset to follow black people, if they came in pairs or more. Not all black people shoplift and deserved to be followed. It's amazing to me because the ones we've caught shoplifting didn't fit the being black profile. This is wrong.
  • 12-07-2014, 05:49 AM
    cdwjava
    Re: Can You Sue a Store for Discrimination for Having Loss Prevention Follow You
    Quote:

    Quoting Helpmewithlaw
    View Post
    My question involves civil rights in the State of: New York

    I feel I was discriminated against based on my race..

    What you FEEL and what you can PROVE are two different things.

    Quote:

    I went shopping with my children at a high end store. We were followed the entire time we were there.
    Okay. I suppose if you did not do anything wrong and had not ever done anything wrong or illegal in the past that they were wasting their time and awfully bored.

    Quote:

    At check out, I shared that I was not happy what I experienced.
    I was told not to take it personal and that they had to follow us because it's the holiday season. I was also told they have so many small items in the store that they had to follow us to be certain we were not going to steal.
    I called to speak to the manager to share what I experienced at the store and was asked what do I want out of this..
    And I bet they NEVER told you that the only reason you were followed was because of your race. Correct?

    Quote:

    Maybe I'm just highly upset with the managers response, but can we sue for discrimination and emotional distress on behalf of my children and myself. I'm so uncomfortable shopping now and my kids now constantly feel they are being viewed as criminals when they shop. Which is a shame. We aren't not third class citizens.
    Anyone can sue for anything. Winning is much harder than suing. However, you do not appear to have any case here. If you do not like the way you feel you were treated, vote with your feet and your wallet and take your business elsewhere.
  • 12-07-2014, 06:38 AM
    Helpmewithlaw
    Re: Can You Sue a Store for Discrimination for Having Loss Prevention Follow You
    Quote:

    Quoting cdwjava
    View Post
    What you FEEL and what you can PROVE are two different things.


    Okay. I suppose if you did not do anything wrong and had not ever done anything wrong or illegal in the past that they were wasting their time and awfully bored.


    And I bet they NEVER told you that the only reason you were followed was because of your race. Correct?


    Anyone can sue for anything. Winning is much harder than suing. However, you do not appear to have any case here. If you do not like the way you feel you were treated, vote with your feet and your wallet and take your business elsewhere.

    You're right, I should and have taken my business elsewhere.

    However, when I said I know I was being followed because I am black, that is when I was told not to take it personal and that they have small items in the store.
  • 12-07-2014, 06:47 AM
    cdwjava
    Re: Can You Sue a Store for Discrimination for Having Loss Prevention Follow You
    Quote:

    Quoting Helpmewithlaw
    View Post
    You're right, I should and have taken my business elsewhere.

    However, when I said I know I was being followed because I am black, that is when I was told not to take it personal and that they have small items in the store.

    So, to be clear, they told you: "We followed you because you were black." That's what they said? I find that hard to believe - and find it to be incredibly stupid if they did. But, even if they did admit to that, you may have little more at this point than a complaint to make to management. You'd have a long way to go to make a successful civil rights lawsuit, and it might cost you a pretty penny just to get into that game unless you managed to snag some crusading civil rights attorney who already has extensive knowledge of the business's actions (and, maybe, some actual damages to someone).
  • 12-07-2014, 07:29 AM
    Helpmewithlaw
    Re: Can You Sue a Store for Discrimination for Having Loss Prevention Follow You
    Quote:

    Quoting cdwjava
    View Post
    So, to be clear, they told you: "We followed you because you were black." That's what they said? I find that hard to believe - and find it to be incredibly stupid if they did. But, even if they did admit to that, you may have little more at this point than a complaint to make to management. You'd have a long way to go to make a successful civil rights lawsuit, and it might cost you a pretty penny just to get into that game unless you managed to snag some crusading civil rights attorney who already has extensive knowledge of the business's actions (and, maybe, some actual damages to someone).

    It happened the way I described. I said I knew this was happening because I am black and she (an older woman) said, not to take it personal and proceeded to explain they have small items in the store.

    I mentioned she is an older lady, because I know older non blacks view blacks and race so differently than most today. I remember, before starting a 10k race, this older lady said out loud, she didn't think there would be this many skinny black women.

    To be honest, I don't want anything from the store. I was just upset at how the manager handled the situation. She should have at least pretended to take my concerns seriously. Ive had complaints at stores before and managers appreciate the feed back. No, my past complaints were not about any consumer profiling, but they were not treated as this.
  • 12-07-2014, 07:44 AM
    cbg
    Re: Can You Sue a Store for Discrimination for Having Loss Prevention Follow You
    Okay, we get that you "know" it happened because you are black.

    Yes or no. Did they, or did they not, SAY that it was because you are black?
  • 12-07-2014, 07:50 AM
    cdwjava
    Re: Can You Sue a Store for Discrimination for Having Loss Prevention Follow You
    There is a difference between telling you not to take it personally because they follow everyone, and ADMITTING that the ONLY reason you were followed was because you were black.
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