SCRANTON – A Lackawanna County woman of Hispanic origin alleges she faced discriminatory treatment from employees while shopping at a Scranton store location of the Salvation Army, while the store counters that was not the case.
Lynette Maldonado initially filed suit in the Lackawanna County Court of Common Pleas on Sept. 25 versus The Salvation Army, of West Nyack, N.Y.
“Plaintiff Maldonado is a United States citizen from Puerto Rico who identifies as Hispanic. Plaintiff Maldonado speaks Spanish as her primary language and has limited English proficiency. Until in or around May 2022, plaintiff Maldonado visited defendant’s store on a recurring basis. On or around May 2, 2022, plaintiff Maldonado visited defendant’s store to buy an exercise bike. Plaintiff Maldonado selected one of the exercise bikes at the store, but she was unable to carry it out herself, so she asked a store employee for assistance bringing the bike outside – a courtesy that other store employees had done for her regularly in the past,” the suit states.
“Store Employee 1 went to ask other employees about carrying out the exercise bike. In the meantime, plaintiff Maldonado paid for the exercise bike at the cash register, where two other store employees were working. After plaintiff Maldonado paid, one of the two employees in the cash register area (Store Employee 2) told her that it would not be possible for a store employee to bring the exercise bike outside for her. As plaintiff Maldonado had no way to get the exercise bike outside on her own, she requested a refund, doing her best to communicate her refund request in a combination of her limited English, Spanish and gestures. Store Employee 2 refused to provide plaintiff Maldonado with a refund and appeared frustrated by the request
The suit adds that the other employee in the cash register area (Store Employee 3) overheard plaintiff Maldonado’s refund request and suddenly became hostile and belligerent towards her.
Meanwhile, the suit continues that a Hispanic bystander, who was also shopping at the store at the same time, noticed Store Employee 3’s increasingly hostile treatment towards plaintiff Maldonado and went over and began recording the interaction on her cell phone. The first bystander’s Hispanic, elderly mother also joined to observe the interaction as a second bystander.
“As the first bystander began recording on her phone, plaintiff Maldonado attempted to explain to Store Employee 3 that she does not speak English. Store Employee 3 responded with a discriminatory disparagement of plaintiff Maldonado, insisting to her, ‘You speak English when you have to, right?’ The first bystander and/or her mother tried to clarify to Store Employee 3 that plaintiff Maldonado does not speak English. Moments later, Store Employee 3 demanded that plaintiff Maldonado leave the store, telling her to ‘take [her] money, and do not come back. If you come back, I will tell you to leave,” the suit says.
“Plaintiff Maldonado mentioned something about calling the police. In response, Store Employee 3 threatened, without any apparent lawful basis, to call the police on plaintiff Maldonado. Store Employee 3 then belligerently accused plaintiff Maldonado and the bystanders of ‘threatening’ him and insisted ‘I am a citizen of the United States. Do not threaten me.’ Store Employee 3’s accusation that plaintiff Maldonado and the bystanders were threatening him was untrue – the first bystander’s recording does not show any apparent threats of force or violence by plaintiff Maldonado or the bystanders. Soon after, Store Employee 3 demanded that plaintiff Maldonado and both bystanders leave the store.”
According to the suit, “Store Employee 3’s insinuated message was clear – on information and belief, he believed, based on plaintiff Maldonado’s and/or the bystanders’ Hispanic national origin, ancestry, and/or race, that he alone was a citizen of the United States, and that this, in his view, granted him superior rights over plaintiff Maldonado and the bystanders.”
“At that point, one of the bystanders attempted to clarify that she was not even together with plaintiff Maldonado. Nonetheless, Store Employee 3 called security, and plaintiff Maldonado and both bystanders all had to leave the store. Other store patrons gathered to watch as defendant expelled plaintiff Maldonado and the bystanders from the store, causing great humiliation and embarrassment to plaintiff Maldonado,” the suit says.
“Defendant had no legitimate basis for expelling plaintiff Maldonado from the store. On information and belief, the expulsion was instead based on Store Employee 3’s racist, discriminatory belief that plaintiff Maldonado and the bystanders, as Hispanic patrons, were not citizens, and therefore, in his view, could be expelled at his will. Defendant’s actions denied plaintiff Maldonado the accommodations, advantages, facilities and privileges of the Store based on her and/or the bystanders’ national origin, ancestry and race, in violation of the PHRA. As a result of defendant’s discrimination, plaintiff Maldonado fears returning to shopping at defendant’s store.”
The defendant removed the case to the U.S. District Court for the Middle District of Pennsylvania on Oct. 30, for reasons of diversity of citizenship between the parties and the amount in damages at issue, and then answered the suit on Oct. 31.
“Plaintiff’s complaint fails to state a claim upon which relief can be granted against defendant. Plaintiff’s claims may be barred, in whole or in part, by the applicable statutes of limitations related to Pennsylvania Human Relations Act. All actions taken by defendant were proper, lawful, correct and in full accord with applicable statutes, regulations, customs, laws and usages. Plaintiff sustained no cognizable injury pursuant to 43 Pa. Stat. Ann. Sections 951-63. If plaintiff’s allegations of fact, all of which are expressly denied, are proven to be true at trial, then defendant acted unintentionally and with insufficient culpability to state a cause of action under any federal or Commonwealth statute(s),” per the answer.
“At all times relevant to the above-captioned matter, defendant acted without malice and in good faith, with a reasonable justification or belief in the legality, lawfulness and propriety of its actions, and its actions were reasonable and appropriate considering all of the circumstances. Defendant’s actions were reasonable and non-discriminatory given the circumstances existing during the time period described in plaintiff’s complaint; therefore, the actions and conduct of defendant were justified, appropriate, and in accordance with all applicable anti-discrimination statutes. Plaintiff’s claims may be barred, in whole or in part, by her failure to exhaust any and all available administrative remedies.”
For a count of violating the Pennsylvania Human Relations Act, the plaintiff is seeking the following relief:
• A permanent injunction enjoining defendant from discriminating against patrons on the basis of national origin, ancestry and race via refusing, withholding or denying the accommodations, facilities and privileges that the store provides to other customers;
• Such further injunctive relief as necessary to prevent defendant from engaging in future unlawful discrimination at the store, including but not limited to anti-bias and anti-discrimination training of defendant’s employees;
• Compensatory damages to plaintiff, including damages for emotional pain, distress, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial;
• Reasonable attorneys’ fees and costs; and
• Such other and further relief as this Court deems just and proper.
The plaintiff is represented by Marielle R. Macher of the Community Justice Project, in Harrisburg.
The defendant is represented by Mark Joseph Kozlowski and Jordan Lee Mazzoni of Marshall Dennehey Warner Coleman & Goggin, in Moosic.
U.S. District Court for the Middle District of Pennsylvania case 3:23-cv-01800
Lackawanna County Court of Common Pleas case 2023-04122
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com