Legal Question in Sexual Harassment in California

I was recently in a Best Buy location where a security guard started yelling at me and harassing me about my dog (service animal) The discussion became heated. We decided to leave and he followed me outside where he kept threatening to kick my ass and then proceded to call me a "fucking faggot". After going in and making a complaint, calling corporate to make a complaint and then the store manager called me, I am lost as to what I should do. Also, I do have AIDS. Please, any advice will help!

I was not sure on which law topic to choose.


Asked on 3/05/12, 5:25 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

This appears to violate California Civil Code section 51 (the Unruh Civil Rights Act) when a business discriminates because of sexual orientation and, perhaps, medical condition. It also might violate statutes permitting service dogs in business establishments. You might want to discuss this with lawyers at APLA in Los Angeles who should have a good handle on these sensitive issues. Good luck.

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Answered on 3/05/12, 6:06 pm
Terry A. Nelson Nelson & Lawless

If you have credible evidence such as witness testimony available to corroborate your story details, then you have the grounds for legal action. You said 'we', implying someone was with you that could so testify. The store may have incident reports that will have to be considered as well.

It would be a gender discrimination claim regarding the 'faggot' language and conduct.

To pursue a successful 'service animal' denial claim, you will have to prove you are appropriately certified by your doctor as needing a specific type of service animal, and show your animal is certified and trained for that purpose, with the certification documents available, offered to the business, and then you were refused entrance or access.

If serious about getting counsel to help in this, and if this is in SoCal, feel free to contact me.

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Answered on 3/06/12, 4:39 pm


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