A Florida man who claims he was discriminated against has filed a class action lawsuit against the company that runs Wendy’s. The plaintiff, Justin King of Lakeland, Florida says he received a receipt with over 100 items and was charged $7 for each item instead of one single charge for all his food. He is claiming unjust enrichment on behalf of many others in similar situations at the restaurant chain.,
Frantz Leger of Florida has filed a racial discrimination complaint against Mi Colombia Bakery, Inc., the parent business of the Los Perros fast food franchise, with the support of ClassAction.com lawyers. Mr. Leger, who is black, claims he was given a receipt at a Los Perros that used a racist epithet to refer to him. The restaurant denies discriminating against Mr. Leger, blaming the insult on Autocorrect.
Mr. Leger was allegedly subjected to racial discrimination at Los Perros’ Miami Beach location on July 2, 2015, according to the lawsuit filed in the Southern District Court of Florida. An claimed copy of the receipt is included in the lawsuit, which displays the slur next to both the table and order number.
Check out the Complaint
Mr. Leger filed a racial discrimination complaint with the Florida Commission on Human Relations on March 18, 2016. (FCHR). The owner of Mi Colombia, Juan Hoyos, contested the claim and presented a rebuttal, but the FCHR concluded on September 19 that there was probable grounds to believe that an illegal activity had happened, and told Mr. Leger that he might pursue a civil complaint.
Mr. Leger did just that a little over a week later. “It’s disappointing that in this day and age we still witness the sort of prejudice stated in the Case,” said Michael Hanna, the attorney who filed the complaint. Mr. Hanna goes on to say:
“Unfortunately, ignorance prevails, and some individuals believe that others should be treated differently just because of their ethnicity, religion, or sexual orientation. This sort of unfairness will not be tolerated. Thankfully, our laws make such behavior criminal.”
Discrimination was allegedly intentional, according to the complaint.
The following are some of the allegations made in the complaint:
- That racial prejudice was done on purpose.
- Los Perros denied Mr. Leger full and equal enjoyment of its products, services, and accommodations as a consequence of the discrimination, and further attempted to deter him from returning to the restaurant because of his race.
- That using a racist insult towards Mr. Leger creates a hostile atmosphere.
- That the defendant took no steps to correct its discrimination.
Mr. Leger was “disgusted, embarrassed, and outraged” by the occurrence, according to the complaint, and there is a risk of more damage, “leading Plaintiff and other black persons to continue to suffer irreparable injury in the denial of their constitutional rights.”
The encounter left Mr. Leger “disgusted, embarrassed, and outraged.”
Mr. Leger is seeking an injunction, compensatory and punitive damages, attorney costs, and any other remedies possible under the relevant civil rights provisions.
Is This an Example of Autocorrect Gone Wrong?
Mi Colombia owner Juan Hoyos asserted the following in his written answer to the March 2016 FCHR discrimination charge:
- Mr. Leger was never denied lodging or service, hence the corporation did not break the law.
- Mr. Leger was never called a racist epithet by the server.
- Because it was reportedly printed on just one receipt, the waitress did not use a racial slur towards Mr. Leger “on several times.”
Mr. Hoyos further claimed that after a “exhaustive inquiry,” there was only one reasonable explanation for what happened on July 2: Mr. Leger’s last name was “autocorrected” to the slur.
Take a look at the restaurant’s response.
At the restaurant, the server is no longer employed.
Mr. Leger phoned the restaurant the day after the incident to clarify what had transpired the night before, according to Mr. Hoyos’ answer. He also requested a conversation with the waitress who had served him.
According to Mr. Hoyos, the server was “shocked.” When she returned for her next shift a few days later, the server said she “left because she didn’t feel comfortable” about the call she had gotten from Mr. Leger.
“She resigned because she didn’t feel well” about the call she had gotten from Mr. Leger, according to the server.
According to Mr. Hoyos, the restaurant examined Los Perros’ surveillance video and transaction records thoroughly and found no indication of prejudice.
However, the FCHR ruled that there was sufficient evidence to support a case, and Mr. Leger and Mr. Hoyos will now go to court.