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Roger, Attorney
Category: Legal
Satisfied Customers: 30893
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was at a department store a while back, I commented on how

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I was at a department store a while back, I commented on how many muslim clerks there were, I guess it was just after the boston bombings so they kind of stuck out in my mind. I was having a bad day and I had asked at the front desk if they could pull my charge card up. The girl wasn't very efficient and got on the phone, then asked when I got my card. I told her I had my card for a long time and never mind I was in a hurry. I went back downstairs, to purchase my shoes and mentioned that I noticed a lot of muslim clerks, I said it is too soon after the bombing, then I really looked at the shoe maneger, and said I am sorry, you could be muslim, I said I was sorry, I guess that is how the Japenise must have felt during world war two. I then left. Yesterday I went back and purchased something and the store manager came after me and asked if I was so and so I told I was; she proceeded to tell me I had insulted some of her people and they would prefere for me to not shop at there store! I felt like a shop lifter, being asked to leave. It bothers me that they accessed my personal info, now I feel threaded.

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, but I'm sorry for you having to go through this.

As for your right to shop in the store, the Federal Civil Rights Act guarantees all people the right to "full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, or national origin." HOWEVER, it doesn't appear that you were being discriminated against because of one of these factors.

In cases in which the customer is not a member of a protected class, the question turns on whether the business's refusal of service was arbitrary, or whether the business had a specific interest in refusing service. That's where your situation is going to fall. In order for the store to refuse you service, it must prove that it has a legitimate business interest to justify you refusing services. Obviously, they'll claim that you offended some employees and that should be enough to refuse you service. However, if you make an apology and move on, holding a grudge is something that shouldn't happen - - especially if there were no threats made.

The botXXXXX XXXXXne is that if they tell you to leave, you would have to sue in order to regain that right. If you were to go into the store after being told not to do so, they could charge you with trespassing, so you want to be careful.

The best option is likely to speak to management, explain what happened and that you regret what was said and see if you can worth this out. If not, you should consult an attorney if you want to challenge their refusal to allow you to shop in the store.

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