Legal Question in Civil Litigation in California

Here is a summary of what happened:On October 31st 2010 my boyfriend and I went to eat at an IHOP and received terrible service. We complained to another staff member on the floor and she took care of us for the rest of our dining experience. We went back to the same location 3 weeks ago (January 5th) and our origional server from haloween denied us service. I explained to her why we complained about her service on the previous night and she still denied us service. Being a server myself I knew this was not following policy and procedure for denial of service. Being an interracial couple we felt extremely descriminated against and embarassed for having to leave the restaurant infront of many other patrons. It also felt to me that she was trying to intimidate us just by the way she spoke. I almost felt as if I shouldnt have complained about her service because it was now being held against me like I did something wrong. I contacted IHOP the next day to explain to them what happened and how I felt. The assistant manager I spoke with ensured me I would recieve a call from the General or District manager the following day. After waiting a day we attempted to contact them again and were still given the run around. After a week the district manager finally called us back. He appologized briefly and let us know he would like to do something for us for our bad experience. We waited over another week and now we have just recently received a $10 gift card from IHOP. $10 doesnt even cover one meal. We feel insulted and want something done about it. People keep telling us we should talk to a lawyer, so here we are. Do we have any type of case?


Asked on 1/22/11, 11:16 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

IF you can show that the business violated the discrimination laws, you might have a claim. Your 'feelings' are not proof. There are no laws against 'unfair treatment' or poor management. For that, your remedy is a complaint to the company, and not patronizing them again. IF you have witnesses or other evidence that racial comments were made, or other conduct that clearly shows racial discrimination, then contact me to discuss your proof.

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Answered on 1/27/11, 3:52 pm


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