What are my rights if I feel that I was racially profiled?

I recently called a motel to set up reservations for my son’s 3rd birthday. Everything was going smoothly andthe reservation was already set up when the lady on the other end of line found out I’m Mexican American. She then put me on hold, came back and informed me that she would not be able to accommodate my party because the pool was booked for the whole day. That didn’t sit well with me so I had my wife, who is white, call and make reservations for a totally different party and like magic the pool was now available. Do I have any option to take legal action?

Asked on July 23, 2012 under Personal Injury, North Dakota


Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

I am sorry this happened to you.  Unfortunately, you really do not have a viable case here.  First, although it seems suspicious, you do not have proof that you were not able to book the pool party because of the fact that you are mexican american.  Second, you have not suffered any real damage here.  I assume you were able to go ahead with the party under your wife's name or at another location.  The constitution protects individuals against discrimination based on race but only with respect to major areas, such as employment and housing.  Finally, the law allows private businesses to decide who they wish to do business with and does not force businesses to do business with everyone.  

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