My husband had been to the same McDonalds location several times and on one particular occasion he stood at the counter for a good amount of time while other customers were waited on. When it came time for him to place his order he was told he would have to use the kiosk. There were 3 clearly available and none would take his order. He told them he did not want to use the kiosk. He was told he would have to use the kiosk. My husband is white. They were African American. He waited at the restaurant and observed several other customers also black being waited on at the counter. He has had another similar incident at this McDonalds where they refused to wait on him saying They could not accept his form of payment.
Discrimination means more than simple taking an adverse action against a person of a particular race, sex, religion, national origin, age, or disability (referred to in law as "protected classes"). It means taking an action against the person specifically BECAUSE OF the person's membership in a protected class.
Disparate treatment is a type of discrimination where the prospective Defendant applies different standards and rules to the Plaintiff of one protected class than to individuals who are not in that protected class, in such a way that those in the protected class are placed at an unfair disadvantage.
In order to sue for disparate treatment discrimination, you must be able to show that you suffered actual, legal damages of some kind.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
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