Q: Can I file a lawsuit
I, an adult female, was asked to leave the dressing room because another female felt uncomfortable with me there along with a child. I believe after the employee realized I was a female and the child (11) is a male then went on to say it was because of the child being in there with females. I believe it was soley based on my appearance that I have short hair and dress differently than other females and became aware that I was in fact a female then played it off as it was the child that needed to be asked to leave. This was at a major retailer store at a shopping mall. A complaint was filed with the store manager. I also asked for the policy for their store and manager stated there was no policy and it was only based on the employee judgement who they ask to leave.
A: Did you file a report with a supervisor or manager? Do you have the contact information of the customer that requested you be removed? These type of cases are difficult to prove discrimination without much more information. The employee could have any number of reasons to ask you to leave, including covid19, i.e. too many people in the dressing room. Also, even if you have a case, I'm not sure you'd be able to actually recover anything in court. I would not recommend pursuing this unless there are more detailed facts we don't know about.
A:
Discrimination at business establishments based on a protected status is prohibited by the Unruh Civil rights act, Civil Code 51 et seq. You don't say how old this male child in the female dressing room is. If under 4, you probably have a case, if the child is 14, then probably not. If you suffered discrimination due to gender identity, sexual preference or gender, you would have a case and could receive a statutory penalty up to $4000 plus attorney's fees. You should discuss the particulars with an attorney in your area specializing in Civil Rights or Discrimination in employment or business. You can also file a complaint with the DFEH, online.
Justia disclaimers below, incorporated herein.
Yelena Gurevich and Louis George Fazzi agree with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
