Legal Question in Constitutional Law in Pennsylvania

Discrimination

I was in a business next to the one I maintain. Usually, we all get along. On one particular night, the manager whom usually speaks to me got rude. I was speaking to his employee whom was not busy doing anything and he told me to stop and get out of the business. Later, when I told him I was going to see what I could do, he said he was only joking around. I know he wasn't. Do I have any rights at all in this case.


Asked on 6/20/05, 11:10 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Discrimination

I don't see why you feel you have been wronged. Your neighbor's place of business is his property and not yours, just as your place of business is your property and not his. The manager does not have to tolerate neighbors who come by to socialize with his employees.

The caption on your post is "discrimination", but you have offered no reason to believe that is what happened. You don't even say what the basis of this supposed discrimination was (e.g., was it based upon your race? your gender? your religion? etc.). Many private businesses are barred from discriminating against customers, employees or potential employees, but you don't seem to fit into any of these categories.

Even if you do fit into one of these categories, that fact alone does not show that you were told to leave *because* you belong to a minority group or other proected class. Showing membership in such a class and an adverse action taken against you is not enough; you must also show a causal connection. The usual way to do this is to point to someone else who is not a member of the protected group but who is otherwise similarly situated and to show that this person was not subjected to the same adverse action.

Even if you can clear all of these hurdles, there remains the question of damages. You were not denied a job or a promotion, you were not denied a service you were entitled to expect and it does not seem that you were even made to feel badly by reason of your minority status. Without some injury to vindicate, your case likely would not lead to any significant damages.

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Answered on 6/20/05, 11:45 am


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