Loose Lips Still Sink Ships

An example of employee stupidity that keeps lawyers in business was highlighted in the case of Denny v. Elizabeth Arden Salons, Inc., No. 05-1228 (4th Cir.), decided August 9, 2006.  An African-American woman ordered a gift certificate for her mother.  She later went into the store to add a service to the gift, at which point she was told by the receptionist that there was "a problem" because the salon "did not do black people's hair."  Mother and daughter sued for civil rights violations for discrimination in a place of public accommodation and discrimination in the making and enforcement of contracts, along with a state law claim for intentional infliction of emotional distress.  The trial court granted summary judgment to the defendant salon.

The Fourth Circuit reversed in part, holding that the actions of the receptionist did constitute discrimination in the making and enforcement of contracts.  The court affirmed the dismissal of the public accommodation claim, holding that the salon did not fall within the legislative definition of a public accommodation.

Even in this day and age discrimination of this sort, whether intentional or merely thoughtless, occurs and creates liability for employers.  For employees who lack a keen sense of the obvious, this most basic of lessons bears repeating.

Full text of the opinion can be viewed at:  http://pacer.ca4.uscourts.gov/opinion.pdf/051228.P.pdf