Okay, some moron employee referred to a customer of Korean descent, Ms. Lee, as “Ching Chong” Lee on her receipt for identification purposes.
Is/should this be actionable? I say “no.” I simply chalk this up to general assholishness of the part of the employee who, depending on his explanation, should possibly be fired.
Is this really something to sue over or illegal?
I’d like to see the actual complaint, but I think it is going to be difficult to survive a motion to dismiss/motion for summary judgment. She apparently was sold the medication at the standard price. Damages appear to be non-existent. Yet she asked for a cool million according to the linked article.
I suppose my OP asks a larger question about laws for public accommodation and civil rights laws in general. Suppose I am a racist and open “Jtgain’s Restaurant” (catchy name).
For the white customers, they are treated as in any other restaurant. The black customers are also treated as in any other restaurant. The only difference:
At black tables when a waitress approaches, she asks, “What are you negroes having for dinner/to drink/for dessert/more coffee/etc.?”
At white tables, she asks, “What are you having for dinner/to drink/for dessert/more coffee/etc.?”
Is that a violation of any law or a tort? Nothing insulting. No different service. Just one word.
This lawsuit seems to be about getting that employee fired not getting a court award. CVS employs a LOT of Korean pharmacists, I don’t think you could operate a national drug chain without employing Korean pharmacists. I’ve been to the pharmacy graduation ceremony for three different schools at least ten percent of the graduating class seemed to be Korean girls.
Cha Ching!
Psst! College graduates, they’re Korean women. Chicks hate it when you call them girls. Yes, I know I’ll end up in the mysogeny thread.
To quote myself from there:
So as long as Damuri Ajashi doesn’t insult their hygiene, it’s all good. 
Cha Ching Chong, apparently.
Oh, and I think this is a symptom of the downfall of western civilization, i.e., we’re getting awfully stupid. It used to be that store clerks would know better than to even risk writing something like that down on something a customer even MIGHT see. Now?
If the woman actually thinks she’s getting a million dollars she’s stupid, crazy, greedy, or some combination of the three.
However, my read is that the million-dollar lawsuit is intended solely to shame CVS into firing the guy rather than give him “sensitivity training.”
CVS could probably countersue for attorney’s fees since the suit is plainly frivolous, but won’t since that would only give the case MORE publicity.
The smokinggun usually has such odd complaints online, so I checked, it cuts off on count 1 though, so I think the suit is not all listed online, and as I thought, a patron is entitled to the full benefit and enjoyment of an accomodation, just like employment laws for race etc., as they include not only termination clauses but include “terms and conditions” of employment that are based on discrimination.
Page 6 has the 1st Cause of action. It is my bet she aslo filed state law tort claims with it, some states recoginze the tort of Humiliation, also maybe Intentional infliction of emotional distress.
If she did, according to Title 28, a federal court can decline to hear state law claims if filed with a federal claim, but there is only 1 COA listed?
I checked her Attorney’s web site, and she has a copy of it, 7 count complaint including Intentional and Negligent infliction of emotional distress and violation of that states civil rights laws also.
Thanks for the link. That part of the complaint does not appear to be especially well drafted. Maybe it gets better in whatever follows the 6 pages provided.
Check post 11, copy and paste from complaint:
They also claimed supplemental jurisdiction under 1367 for the state law claims, and as I did remember, right the court can decline to hear them;
c)The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if—
(1)the claim raises a novel or complex issue of State law,
(2)the claim substantially predominates over the claim or claims over which the district court has original jurisdiction,
(3)the district court has dismissed all claims over which it has original jurisdiction, or
(4)in exceptional circumstances, there are other compelling reasons for declining jurisdiction.
True story: I work with someone whose real first name is Ching-Chang. He goes by another, Western, name, but I can never remember what it is and my office’s Outlook only tells you his real name!
Still not impressed. I note that the request for a million dollars is a claim for punitive damages, rather than compensatory damages. It might settle for nuisance value, but I doubt it will go further than that.
Which has more merit, this compliant or the 64 million pants lawsuit? Ha!
You can call me anything you want, and I’ll give you a 90% discount!!
Supply whatever insult you’d like and send me the $100,000.00!!!
AIUI, it’s sufficient under 42 USC 2000a that she alleges that she can no longer patronize the store because of its hostility to her on account of her race. Damages in terms of financial loss are always going to be difficult or impossible to show in 2000a claims. I think the meat of the complaint is the state law claim, the fourth count, though.
I don’t know if she’ll actually get a million dollars out of it. But the employee ought to be fired. Referring to your paying customers with racial slurs isn’t a sign that you need “sensitivity training”, it’s a sign that you’re an idiot who is not competent to work in any position where you might potentially have to interact with customers.