I. FEDERAL LAW
The two relevant federal anti-discrimination laws are Title II of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Title II is the federal public accommodation law intended to prevent racial discrimination in public establishments. Title II does not, however, consider retail stores as places of public accommodation. Thus, black shoppers facing racial discrimination in retail stores must look elsewhere for federal relief. The other option is found in 42 U.S.C. § 1981. Section 1981 provides that all citizens have the same right to the privileges, benefits, terms, and conditions of contracts as white citizens. Black shoppers seeking relief under § 1981 must show that they sought to create a specific contract, rather than merely experiencing racial discrimination while browsing. Because of this strict contractual requirement, federal law, as it stands, is insufficient to adequately protect black shoppers from racial discrimination in retail stores.
