Legal Question in Civil Rights Law in Illinois

My husband was at Sears getting the oil changed this morning. He was walking around browsing the store while waiting on the car. He walked past a group of management, chit chatted with them, and continued to browse thru men's, women's, shoes, outdoor, sporting goods, tools, appliances, and then electronics. As soon as he entered the electronic department he was approached by a salesman who said "Sir, you need to leave this area. This is a high theft area." My husband took great offense to this. He asked the man to speak with the manager. The salesman said she was already on her way. After waiting for ten minutes to speak with the manager, he asked the salesman again to call the manager. Obviously irritated the salesmen called again.

The manager also happens to be a customer of my husband's. I told my husband to call the manager on her cell phone. She came over immediately then. While the manager was speaking with my husband, the salesman called her to tell her he had a man being loud and rude with him and he had asked him to leave the area. The manager said "A black guy? No, I don't believe it because I know that guy and that is not him." She apologized and admitted the salesman was wrong in saying such a thing and asking him to leave.

This is my concern, had my husband not personally known the manager what would the result been? Management never responded to the calls UNTIL he personally called her. Also, my husband was dressed for business. He is contacting corporate. What else should he do?


Asked on 7/22/10, 6:10 am

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

I'm not sure I am clear on whether or not your husband is black. I have been in the civil rights arena for a number of years. Retail racial profiling is very common and should not be tolerated. Unlike a government entity, the standards are slightly different but all the same, discrimination on the basis of color in a public place such as Sears is prohibited. I'm happy to help if you want to contact me.

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Answered on 7/22/10, 10:21 am


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