Legal Question in Discrimination Law in Washington

Re: Walmart 24hr stores

Let me start out by saying that by reputation, whether it deserves this reputation, it is natural to feel that WalMart is out to get the little guy. That often clouds people's minds when answering a question with the word WalMart in it. Let me also say that I am not affiliated with WalMart in any way whatsoever. I neither endorse the company, nor endorse any boycott of the company or groups who oppose the company.

Having said all that, from what you wrote, I do not see the discrimination here- or more to the point, legally actionable discrimination. The law protects against discrimination based upon sex, race, religion, national origin, and sometimes sexual orientation, and age. However, late night shoppers as a class of persons are not a "protected class" if they are discriminated against based upon being "late night shopppers."

You see, the law allows us to discriminate all the time against most things. However, if someone discriminates against someone else on the basis of sex, race, religion, etc., that is not permissible under the law.

In your case, WalMart went a step further by offering to allow you to take the clothes home and return then if you are unsatisfied. You could buy one of each size and take back all the ones that don't fit. On the other hand, I understand your point about not wanting WalMart to hold onto your money- or literally, take a loan of cash from you.

You have alternatives though, such as shopping at a different hour when they allow people to try on clothes (maybe before your shift starts) or coming in on your days off.

Bottom line: there is no legally actionable discrimination here. I am sorry this is not the response you want to hear, but this is how the law sees your situation.