Sam’s Club Lawsuit
A Response to the Sam’s Club Discrimination Case
The Sam’s Club lawsuit is one that has been going on for quite some time now. It all began back in 1980, when a male customer decided to sue the store for refusing to allow him access to a certain section of the store. This particular section was located in the back. In this lawsuit the customer claimed that because he was not allowed to go to that back area he had to endure all sorts of problems while in the store such as being refused service and being kicked out. This particular store has always been adamant that they did nothing wrong. Even after the suit was filed and they were forced to admit that indeed they had discriminated against this customer.
The United States Department of Justice has continually attempted to get this case thrown out on several different occasions.
This case has gone all the way to the United States Supreme Court. On several occasions the lower courts have ordered retailers to pay damages to customers who complain about discrimination. However, a three-judge panel from the United States Supreme Court recently refused to hear the case.
This particular case was ruled on by the Merit Systems Protection Corporation.
This corporation is run by a former employee of Sam’s Club. They argue that they should be entitled to damages due to their employer having a policy that discriminated against their customer in this manner. In other words, they claim that they have a right to sue because the policy constitutes unfair treatment.
The corporation’s attorney, Robert German argued that there was no basis for these claims.
He also pointed out that there has never been a decision in a court of law that has found an employer guilty of discrimination. He also claimed that these laws are designed to protect employees of all races, sexual orientation and religious beliefs. There is also no evidence that these plaintiffs or their friends had been targeted because of their gender, race or religion. Also, he claimed that there was no proof that the policy in question was intended to discriminate against any particular group.
Sam’s Club sued the company. It also claimed that the policy was created with anti-discrimination intentions. A judge sided with Sam’s Club in its suit. A three-judge appeals court panel unanimously decided that the case was worth pursuing. This decision may set a precedent for similar lawsuits to be argued by franchisees.
The company maintains that it does not deny service to any customer.
It only offers services to customers who meet minimum requirements. It says that if a customer cannot prove that he or she meets those requirements, he or she cannot sue the store under the claims that it violates the Fair Credit Reporting Act. That is the law that is being challenged in the Sam’s Club lawsuit. It also claims that the dispute is not valid because the Fair Credit Reporting Act does not require the store to verify the customer’s claims.
If a customer can prove that he or she has been denied service, then he or she should be able to file a complaint, no matter what it is about.
But the store will have to fight back with its own lawyers. It is not clear how it will do that. Spokesmen for the company did not immediately respond to requests for comment. It is possible that they are purposely avoiding answering questions about the lawsuit, and not about the merits of the case. They are also likely aware of the fact that the store can potentially be hit with more than a billion dollars in damages if it is proven guilty of racial discrimination.
The company’s claims are not without merit. They simply choose to present them in a way that avoids being called into question. But that doesn’t make their claims wrong. Whether or not the company has actual proof that its members are being discriminated against or is merely claiming that their customers have been targeted based on race, the claims still seem bogus to many people. That could change with new evidence or new legal tactics.