You were refused service, treated differently, or denied entry because of your race, religion, disability, or another protected characteristic. Businesses that serve the public have legal obligations not to discriminate. If you’ve experienced discrimination by a business, you may be able to sue for damages and force them to change their practices.
Quick Answer
You may be able to sue a business for discrimination if you were denied service or treated differently because of a protected characteristic (race, religion, national origin, disability, sex, etc.). Federal laws like the Civil Rights Act and Americans with Disabilities Act prohibit discrimination in places of public accommodation. Many states add additional protections. You can seek damages and court orders requiring the business to change.
Federal Laws Prohibiting Business Discrimination
Title II of the Civil Rights Act of 1964
Prohibits discrimination in places of public accommodation based on:
- Race
- Color
- Religion
- National origin
Covered establishments include hotels, restaurants, theaters, gas stations, and other places that affect interstate commerce.
Limitation: Title II doesn’t allow private lawsuits for money damages—only injunctive relief (court orders to stop discrimination). State laws may provide damage remedies.
Americans with Disabilities Act (ADA)
Title III prohibits disability discrimination in public accommodations. Businesses must:
- Provide equal access to goods and services
- Remove architectural barriers when readily achievable
- Provide auxiliary aids for communication (sign language interpreters, etc.)
- Make reasonable modifications to policies
Covers virtually all businesses open to the public.
Section 1981 (42 U.S.C. § 1981)
Guarantees all persons the same right to make and enforce contracts, regardless of race. This includes:
- Retail purchases
- Service contracts
- Any commercial transaction
Unlike Title II, Section 1981 allows money damages.
State and Local Laws
Many states have broader public accommodation laws that:
- Cover additional protected classes (sexual orientation, gender identity, marital status)
- Apply to more types of businesses
- Allow money damages
- Provide administrative remedies
Examples: California’s Unruh Civil Rights Act, New York Human Rights Law, Massachusetts Public Accommodation Law.
What Counts as Discrimination?
Denial of Service
- Refusing to serve you
- Refusing to seat you
- Refusing to let you enter
- Refusing to complete a transaction
Differential Treatment
- Making you wait longer than others
- Providing inferior service
- Charging different prices
- Subjecting you to additional requirements
- Seating you in less desirable areas
- Following you around the store (racial profiling)
Hostile Environment
- Slurs or derogatory comments by staff
- Harassment based on protected characteristics
- Intimidating conduct
Failure to Accommodate (Disability)
- Inaccessible facilities
- Refusing service animals
- Not providing communication aids
- Refusing reasonable modifications
Protected Characteristics
| Federal Law | Protected Classes |
|---|---|
| Title II (Civil Rights Act) | Race, color, religion, national origin |
| ADA | Disability |
| Section 1981 | Race, ethnicity |
State laws often add: sex, sexual orientation, gender identity, age, marital status, military status, and more.
Proving Discrimination
Direct Evidence
Statements or actions clearly showing discriminatory intent:
- “We don’t serve your kind here”
- Signs or policies excluding protected groups
- Slurs or derogatory comments
Circumstantial Evidence
When there’s no direct evidence:
- You were qualified for the service (had money to pay, met requirements)
- You were denied service or treated poorly
- Others outside your protected class were treated better
- The business’s explanation doesn’t make sense
Evidence to Gather
- Date, time, and location of incident
- Names or descriptions of employees involved
- What was said or done
- Witnesses and their contact information
- Photos or video if available
- Receipts or documentation of the transaction (or attempted transaction)
What You Can Recover
| Remedy | Available Under |
|---|---|
| Injunctive relief | All laws (order to stop discrimination) |
| Compensatory damages | Section 1981, ADA, most state laws |
| Punitive damages | Section 1981, some state laws |
| Statutory damages | Some state laws (minimum amounts) |
| Attorney fees | Most civil rights laws |
Steps to Take
1. Document the Incident
Immediately record:
- What happened, in detail
- Who was involved
- What was said
- Who witnessed it
2. Get Witness Information
If others saw what happened, get their names and contact information.
3. File Complaints
You can file complaints with:
- State civil rights agency: Many investigate and pursue claims at no cost to you
- Department of Justice: For Title II and ADA violations
- Local human rights commission: If your city has one
4. Consult an Attorney
A civil rights attorney can:
- Evaluate which laws were violated
- Determine the best forum for your claim
- Pursue compensation and policy changes
Common Types of Business Discrimination
Retail Stores
- Racial profiling (following customers, requiring extra ID)
- Refusing service
- Different customer service treatment
Restaurants and Bars
- Refusing to seat customers
- Differential service
- Discriminatory dress codes (applied selectively)
- Refusing service animals
Hotels
- Denying reservations
- Providing inferior rooms
- Different treatment based on protected characteristics
Healthcare Providers
- Refusing treatment
- Different quality of care
- Failure to accommodate disabilities
Frequently Asked Questions
Can a business refuse service for any reason?
No. Businesses can set legitimate, non-discriminatory requirements (dress codes, behavior standards), but they cannot refuse service based on protected characteristics. “No shirt, no shoes, no service” is legal; “No [racial group] allowed” is not.
What about religious objections?
This remains a developing area of law. While religious freedom is important, it generally doesn’t allow businesses to discriminate against protected classes. Recent cases have addressed wedding vendors refusing same-sex couples, with different outcomes in different jurisdictions.
Is it discrimination if they don’t say it’s because of my race/religion/etc.?
You don’t need a confession. Discrimination is proven through direct or circumstantial evidence. Patterns of behavior, differential treatment, and pretextual reasons can all support a claim.
Can I sue for being followed around a store?
Potentially. Racial profiling in retail (following, excessive surveillance, demands for ID) can support discrimination claims under state civil rights laws and Section 1981.
What if the discrimination happened a while ago?
Statutes of limitations vary. Section 1981 claims generally have 4 years. State law claims may be shorter (1-3 years). Don’t delay in consulting an attorney.
When to Contact a Lawyer
Consult a civil rights attorney if:
- You were denied service because of who you are
- You experienced harassment or hostile treatment at a business
- A business refused to accommodate your disability
- You see a pattern of discrimination at a particular business
- You want to pursue damages and policy changes
Many civil rights attorneys offer free consultations and may take cases on contingency.
Last updated: January 2025
This article provides general information about public accommodation discrimination in the United States. Laws vary by state. Consult with a qualified civil rights attorney for advice specific to your situation.
