Racism on Aisle Two: a Survey of Federal and State Anti-discrimination Public Accommodation Laws

Details: By Jeremy D. Bayless and Sophie F. Wang; Parent Category: Basic Needs; Category: Public Facilities; 18 January 2013; Hits: 75785

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III. PROPOSAL

In order to adequately protect the rights of black shoppers, federal law and several state laws must change. Federal law provides no relief for black shoppers who have been discriminated against but are still able to purchase items. Title II does not consider retail stores places of public accommodation because of a misguided belief that racial discrimination does not occur in the retail setting. Section 1981 does not protect shoppers from discrimination that does not prevent contract formation despite expressly stating that it protects all “benefits, privileges, terms, and conditions.” Black shoppers also have no relief under the laws of ten states.

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Race, Racism and the Law
Vernellia R. Randall
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