Can you sue a resturaunt for discrimination if they say

My husband, son and I waited an hour for a table at a local restaurant. After we were finally seated a waiter kept glaring and shaking his head at us, so the next time he passed by my husband said,

Asked on May 19, 2016 under Personal Injury, Utah


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally actionable discrimination only applies to a "protected class". That is, if you were discriminated against based on a certain factors, then you would have a valid claim. These factors are treatment based on your age (over 40), disability, race, nationality, religion, gender and the like. Having tatoos is not considered such a class. Consequently while unprofessional and downright rude, your treatment is not one for which you can seek legal redress.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were discriminated against due to your race, religion, national origin, or sex then you could sue them. But it is not illegal to discriminate based on other reasons, including how you are dressed, facial tatoos, or body piercings, so if the treatment wasn't based on race, religion, national origin or sex, there is most likely nothing you can do; if it was based on one or more of those characteristics, however, you may wish to consult with an attorney about possibly bringing a legal action, or else contact your state's equal/civil rights agency.

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