Discrimination?

[rds801]

What is the name of your state (only U.S. law)? Oregon

July 12, 2008 I met family members at a restaurant for dinner. (Wife, mother-in-law, father-in-law, 2 kids) It was around 9:30 PM. We ordered our food and then the waitress came back minutes later and told us that we would have to take our food to go because minors are not permitted after 10 PM. We asked if we could take our dinner outside and eat (they had tables and chairs out there) but we were told we had to be off of the property. I wasn't too happy about this and said if I wanted to eat at home I would have cooked at home and I took the kids and I left. As I was leaving I noticed a woman with her kids and wondered if they were asked to leave. My wife and my in-laws stayed behind to get our food. Around 10:15 my wife notices that the woman with her children are still there and there is also a family with a baby outside eating. Now I can mention that I am black, the only black person there at the time. Why were we told we had to leave? My wife talked to the manager and he told her that it was for future reference, that we didn't have to leave that night but our waitress said that is not what she was told to relay to us. She was told to tell us we had to get our food to go, we couldn't be on the property after 10 with the minors. Not sure how we should proceed with this. Anyone know what steps we should take?What is the name of your state (only U.S. law)?

 

[quincy]

What you describe certainly sounds suspicious and it could very well be that you were discriminated against illegally, although it also possible that it was merely a miscommunication between the manager and the waitress.

With evidence of other families with children being allowed to remain in the restaurant after ordering food prior to the 10 o'clock time, and a rather odd policy of allowing food to be ordered and then being told to leave with the food as 10 o'clock approaches, I think it would be worth your while to contact an attorney.

This doesn't feel right.

 

[rds801]

OK. So this issue is moving forward. We contacted Bureau of Labor and Industries. They did an investigation and found substantial evidence of discrimination. Now we are just trying to settle this thing. We are not sure what a case like this is worth. Any help would be appreciated.

 

[mlane58]

So you are looking for the lottery win? Gimme a break. Why does it have to include money? why not just make this establishment stop discriminating?

 

[quincy]

You were wise to preserve your rights and protect your claim against the restaurant by filing a complaint with the BOLI within the one year statute of limitations time period.

I imagine, with the passage of this amount of time, that you received the substantial evidence determination after the civil rights investigator identified witnesses and analyzed the evidence available, and the restaurant had the opportunity to respond to the complaint. I also imagine your complaint is now in either a fact-finding conference, which is attempting to resolve your dispute and settle your complaint with the restaurant, or it is before an administrative judge.

If you have received a complaint settlement figure in a conference, you should consult with an Oregon attorney well-versed in civil rights and discrimination law, to determine if the settlement figure seems fair. It is impossible for anyone here to make that determination for you. In addition, the BOLI investigator cannot offer you any legal advice and cannot determine for you if the settlement is a fair one. It is up to you, ultimately, to determine if the figure suggested is fair compensation for the restaurant's actions.

If your complaint heads to an administrative hearing, the administration law judge will make the decision as to whether your complaint is valid and then, if it is determined to be valid based on the evidence, the administrative law judge will specify a remedy. The remedy will either be an award of money, or the judge will recommend other compensation for the effects of the unlawful discrimination practices of the restaurant. A final order will be issued.

Because you apparently have no out-of-pocket or other tangible monetary losses, compensation to you will probably be limited to an award for emotional distress. Damages awarded based solely on claims of emotional distress can be difficult to predict.

If you received a 90 day notice of your right to file a civil suit against the restaurant, you should consult with an Oregon attorney. I also suggest you contact an Oregon attorney to review the settlement figure before the complaint is in front of an administrative judge. It is probably in your best interests to settle the claim with the restaurant and forgo any civil action, but that, too, should be a decision made after consultation with an attorney in your area.

Once your claim is before the administrative judge, the decision the judge makes will have the same effect as any judge's decision in any court case.

Good luck.