My father was told this morning by an associate of Walmart to "go back to Mexico where you belong". My father is a U.S. citizen and U.S. Army Retired Veteran of Hispanic descent. Is this discrimination? He has filed a complaint with Walmart headquarters.

Thanks for any input,
Jorge

Yes this is not Walmarts feelings by any means, they are well known at even hiring illegal aliens of hispanci descent.

But people do sterotype people and people often have strong view points of illegal aliens in our nation.

But at work people are not allowed to express personal beleifs.

I would say while it is not proper, and it is against walmart policy and I am sure walmart will punish this person,

While you have no case against walmart, you may be able to sue the person who said it, but you would or may havve to prove he said it.

First, it is NOT discrimination.

According to the Canadian Human Rights Commission:

Discrimination means treating people differently, negatively or adversely because of their race, age, religion, sex, etc. that is because of a prohibited ground of discrimination. As used in human rights laws, discrimination means making a distinction between certain individuals or groups based on a prohibited ground of discrimination.


Second,
I doubt he will be punished by Walmart if this is his FIRST complaint. Although if he has had many before, then it increases the changes of him being disciplined in some way by Walmart.


Third,
I am not sure I agree with Fr Chuck on your ability to sue him. What damage did he cause to your father? None really.

Now, you have not elaborated on the situations that lead to him saying this, so I am assuming your father did something that pissed this guy off. If that is an incorrect assumption, then please advise.

Here in the US esp with help from like the ACLU they are really looking at
"hate speech"

Think in court the poor victim now afraid with all the mental pain to even go shopping again. Of course no high profile attorney will take it unless there is someone to sue that actually has money.

But again esp here in the US being right, having a good case means little anyone can sue anyone.

Good points Fr Chuck.

The US does seem “sue happy”.

And the ACLU….I am not even going to go down that road as to what I think of them overall.

Not an endorcement of the ACLU, by any means

I don't thing they have a real case either, but then Donald Trump put up a US flag knowing it was against code just so he could sue the city.
So I guess anyone can sue for anything since they accepted that case.

Did not know my son wrote to you, this happen to me, everyone has an opinion. This is what happen: This letter was sent to walmart hq:
I went to store #406, 570 Enon Springs Rd. Smyrna, TN. 37167. The man behind the cash register at the auto service department, (later I find out his name is boyd or something similar to that name) ask if he can help, I said I need a tire, his reply was "I help you when I finish with this couple that also buying tires" I said OK.
When he finish with the couple I was standing right in front of him and he proceed to ask a lady that just came to the area if he can help, when he finish with the lady a young man show up and he proceed to ask him if he need any help, it took about 15 minute to help the young man.
I just stood in front of the cash register where he was standing. After he finish with the young man he said to me I'm sorry may I help you. I said "I just have one question, Why you took care of those people before me, when you know I was here first" His reply was "I DON'T HAVE TO LISTEN TO YOUR S**T" at that time I said "IS THE COLOR OF MY SKIN?. To my surprise his reply was "GO BACK TO MEXICO WHERE YOU BELONG". I told him "you are nothing but a racist son of a gun". At that time I talk to another walmart employee and he got a manager to which I report this offensive and racist remark. For your information I'am a US citizen of the Hispanic race, retired from the U.S. ARMY. I expect to hear from you soon. Thanks

He probably told your dad to go back because your dad said something in an impolite tone or he doesn't know good english. Anyhow complain about this. Bye bye.

yumyumyoyo, never cross your mind that the walmart employee might just be a racist? All your examples are negative about me, without knowing me.

There are racist people in the world, and of course the first thing you thougt of was race when you did not get good service??

But I have to just say, SO WHAT, so you ran into a racist employee at a store, you will find 1000's. You may get slow service at Denny's, you may get cursed at McDonalds tomorrow.

It happens, it is part of the culture, there are churches all around the US today teaching people that the white man is the partner of satan and the real black Jesus is coming back to save the black man from the white devils.

So guess what I bet I will not get good service from any of those people when I go into many business.

I know as a fact that Walmart as a company does not allow or accept this type of behavior, but I also know that just one case will not get them fired either, they will investigate it, make a note of it and watch to see if it happens again. And if this person is racist, it will.

And I am sorry it is happening but the illegal immigration issues in America today have many people angry. Our governments complete inaction in stopping the flood of illegals from many nations is steaming more and more people to have feelings they normllay may not have.

Angelico,

The employee consistently refused to serve you. The company's profits are dependent on clients being served. You have grounds for a complaint. Check out the legal situation in your state, you MAY have grounds for a case.

Fr. Chuck,

This man is a former US serviceman and a US Citizen of hispanic origin. Why should he be insulted in this way? Indeed I find your response both insulting and sub-christian.

Rev. Dr. Ray McIntyre aka Kiwimac

Totally agree with you, I feel the same way. Work all my life, never been unemployed or ask for any government help. (I do not blame walmart for one bad apple). My son wrote to this forum without asking me first. Never cross my mind to sue walmart like the other gentleman suggest. I just let walmart know about the inappropriate behavior of one of their employee. Thanks for your input.

First, let me say that you were more patient than I would have been. Given the facts as you presented them, I would have spoken up when he bypassed me the first time. It sounds to me you did exactly the right thing in reporting the behavior to a manager.

My question though is what do you want at this point? Your son asked if this was discrimination. Its not. You might have a case against them as a hate crime, but do you have any witnesses to the incident?

My advice is to follow up with Walmart to see what action was taken against the employee.

One of the employee was next to him when he made his first explicit comment, two employee were at the bay area when he made the second comment. I know that they have tape of everything. P.S. I care for every race regardless of what country they from. (I, have never travel to Mexico in my whole life)

OK, so you have proof. That still didn't answer what you want out of this.

When this happen all I want was to let walmart know about his behavior, so this don't happen to someone else in the future, at least from this individual. But the more I think about it the more agravated I get, I don't know how far I will pursue this matter.

OK, I understand you are upset and deservedly so. But I suggest you sit back and see what Walmart does. You really have very little, if any, grounds to do anything more. To pursue an action against Walmart would require proof that Walmart promotes or allows such behavior. A very hard thing to prove. You might go for a hate crime but that's also iffy.

(I, have never travel to Mexico in my whole life)
Hola:

Nunca?? Es muy bonito ayee. Oyga bien ah me los compadres. Son, muy intelligentes aqui, sin yo.

excon

PS> Loceintos para me Espanyol malo

My father was told this morning by an associate of Walmart to "go back to Mexico where you belong". My father is a U.S. citizen and U.S. Army Retired Veteran of Hispanic descent. Is this discrimination? He has filed a complaint with Walmart headquarters.

Thanks for any input,
Jorge


Go, Jorge! Take them for all they have. I trust that the newspapers and tv/radio media have been notified of this condign act of discrimination. If not, I suggest that they are forthwith.

God bless you and your family.

OK, so you have proof. That still didn't answer what you want out of this.


He wanted 'input!' That means, he invited others to give him advice, comfort, support, etc. Criticism you can get at Wal-Mart, but he came here for direction.

He wanted 'input!' That means, he invited others to give him advice, comfort, support, etc. Criticism you can get at Wal-Mart, but he came here for direction.

Where did I criticize him? He got advice, he got support. But he left it unclear about what he wanted to do next. I was trying to determine that so I might be able to help further.

yumyumyoyo, never cross your mind that the walmart employee might just be a racist? all your examples are negative about me, without knowing me.

Yumthing sounds like a not-so-crypto-racist. I blame his/her parents for not teaching him/her to be nice and polite to everyone.


Here in the US esp with help from like the ACLU they are really looking at
"hate speech"

think in court the poor victim now afraid with all the mental pain to even go shopping again. Of course no high profile attorney will take it unless there is someone to sue that actually has money.

But again esp here in the US being right, having a good case means little anyone can sue anyone.

Wal-Mart has money, and the clerk as servant of the company represented the company and so in law the company is liable. There is a case for them to answer and they are liable for damages.

The man was insulted and demeaned. You also demean him by referring to him as a 'little anyone.' This is probably the most disappointing this of yours I have ever read as you are normally a sensitive, caring, Christian person. Today, you dropped the ball!

M:)RGANITE


.


Yes this is not Walmarts feelings by any means, they are well known at even hiring illegal aliens of hispanci descent.

But people do sterotype people and people often have stong view points of illegal aliens in our nation.

But at work people are not allowed to express personal beleifs.

I would say while it is not proper, and it is against walmart policy and I am sure walmart will punish this person,

While you have no case against walmart, you may be able to sue the person who said it, but you would or may havve to prove he said it.

Where did you take your law degree?

Hola otra vez:

I don't think you have a "winable" case against Walmart, if winable means you'll get a judgment. I don't think you WOULD win a judgment, but that doesn't mean I don't think you could get a settlement.

Line your ducks up. Get written, sworn to afidavits from any witnesses. Write down your recollections. You bet, call the news media, make a stink. Lawyers will be calling you.

I don't think being told to go back to Mexico is worth being paid a lot of money for. But, I never thought spilling a little bit of coffee in your lap would be worth millions either - but it was.

excon

Wal-Mart has money, and the clerk as servant of the company represented the company and so in law the company is liable. There is a case for them to answer and they are liable for damages.



What damages? Sure he was insulted and demeaned. But other than having his feelings hurt, what damages did he incur?

Yes, he can sue Walmart. Will he win, I doubt it. Will Walmart settle a couple of thousand to make the suit go away, very likely. But if he goes to the press FIRST, he removes part of the incentive for Walmart to settle.

Angelico,

Thank you for posting the details of what exactly happened to you.

I assumed you must have done something to piss him off, but according to you, this guy is just a total arse.

I would have said something after he bypassed me the first time. Not waited, but that is just me.

Other than filing a complaint with Walmart there isn’t much you can do. You could file a complaint against Walmart to your governments business complaints department, if you have one in California.

While I personally see no damages that you could sue for, Fr Chuck seems to think you might be able to. And since I do not live in the US, I would defer my judgement on that to those that live in the US.

yumyumyoyo, never cross your mind that the walmart employee might just be a racist? all your examples are negative about me, without knowing me.

That assumes that there is a mind to cross.

Angelico,

Thank you for posting the details of what exactly happened to you.

I assumed you must have done something to piss him off, but according to you, this guy is just a total arse.

I would have said something after he bypassed me the first time. Not waited, but that is just me.

Other than filing a complaint with Walmart there isn't much you can do. You could file a complaint against Walmart to your governments business complaints department, if you have one in California.

While I personally see no damages that you could sue for, Fr Chuck seems to think you might be able to. And since I do not live in the US, I would defer my judgement on that to those that live in the US.

It's understandable that you assume that this fellow did something to piss the other one off since you are not living in the USA and perhaps have never seen this particular phenomenon repeatedly and unashamedly displayed in public. So you look for a justifying stimulus as perhaps is most often the case where you live. Unfortunately, here in the USA the only stimulus certain individuals need to justify going into the racist mode is to perceive another person's foreign appearance, foreign surname, or imagined or real membership in a particular ethnic group or race. Once that has been ascertained anger arises and leads to the type of behavior previously described. It's a cultural thing. A misguided patriotic sense of duty of sorts.

BTW
Some of these are the same people who go to church on Sundays claiming to be Christians and expecting to go to heaven.

Just because the guy's an A$$, and racist, doesn't mean Wal-Mart is responsible.
My local store's manager is of hispanic decent.

What I would do is return to the store, and make a formal complaint if you haven't done so.
If they take the complaint seriously, and you don't know a name, they should let you point out the culprit in a photobook (all wal-marts keep photo id of all employees), and hopefully he is dealt with accordingly. Hopefully they suspend the guy without pay or fire him, All retail stores need to address this issue of having "jerks" attending to customers, as it doesn't set a good standard for the company entirely.

I have had met many rude, jerks at wal-mart as well; Asking for help finding a item has set off many employees for me, from the occasional *ugghh-sigh*, to "Go find it yourself".

yes to prove Walmart liable, you have to know they were aware of this behavior from him ( prior acts) and that they did not act on those acts.
Warnings, written warnings, suspension.

And you have to look at Walmarts over all company policy, do they have non discrimination rules in place, do they have training on diversity for their employeess, is there company policy on this written. ( I have no idea if there is, but with a company that size they have to have I would guess)

And did they investigate the event and did they take action against the employee.

Of course you could find a liberal judge that may award against Walmart, there are a lot of rulings many don't agree with all the time,
and I don't even remember where this happened, But in California they are very liberal laws on suits, so a case may have better chance there than Alabama or Tennesse.a

And I still agree that they could have a case against the employee that did it, but proving a dollar value of the loss could be an issue.

At no time am I agreeing with this type of behavior, it is wrong, and has no place in the work force.

But Walmart employees 1000's of minorities and have even hired illegal immigrants in the past, so I believe their history on the surface would make them appear to have a positive attitude toward minories.

Now someone may find management reports that say differnent I don't know, I never worked at walmart and don't really like shopping there if I don't have to.

Your father should take this opportunity to use his influence to convince our government to enforce our immigration laws. Illegal immigration is harming all races and has become particularly cruel to those trying to become citizens by legal means.