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Keywords

contractlawsuitplaintiffdefendantdiscrimination

contractplaintiffdefendantstatutediscrimination

Related Cases

Arguello v. Conoco, Inc., 330 F.3d 355

Facts

Denise Arguello and her father, Alberto Govea, visited a Conoco gas station intending to purchase gasoline and beer. During the transaction, the clerk, Cindy Smith, treated Arguello rudely and made racially derogatory remarks. Although Arguello completed her purchase, Govea left the store in frustration. The plaintiffs alleged that Smith's conduct constituted racial discrimination, leading to their lawsuit under 42 U.S.C. §§ 1981 and 2000a.

Arguello and Govea stopped with their family at a Conoco store. After Arguello's husband pumped gas into her car, Arguello and Govea (her father) went inside to pay for the gas and buy some beer. As they stood in line, Cindy Smith, one of the two clerks on duty, waited on other customers.

Issue

Did the plaintiffs establish a violation of 42 U.S.C. § 1981, and did they have standing to assert a claim under 42 U.S.C. § 2000a?

Rule

To succeed on a § 1981 claim, a plaintiff must demonstrate that they are a member of a racial minority, that the defendant intended to discriminate based on race, and that the discrimination affected their ability to make and enforce contracts.

To succeed on a § 1981 claim, a plaintiff must establish “(1) that she is a member of a racial minority; (2) that [the defendant] had intent to discriminate on the basis of race; and (3) that the discrimination concerned one or more of the activities enumerated in the statute.”

Analysis

The court found that while the plaintiffs were members of a racial minority and experienced substandard service, they failed to demonstrate that they were prevented from entering into a contract on nondiscriminatory terms. Arguello completed her transaction, and Govea did not attempt to purchase the beer he left behind. Therefore, the court concluded that there was no basis for a reasonable jury to find a violation of § 1981.

Conclusion

The court affirmed the district court's judgment, ruling that there was no violation of § 1981 and that the plaintiffs lacked standing for their Title II claim.

Who won?

Conoco, Inc. prevailed in the case because the court found that the plaintiffs did not establish a violation of their rights under § 1981, as they did not demonstrate interference with an actual contract.

Conoco, Inc. prevailed in the case because the court found that the plaintiffs did not establish a violation of their rights under § 1981.

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