Retail Security Policies And The Risk Of DiscriminationOn June 24, 2020 by Schnader
Carl J. Schaerf and Gary N. Smith published an “expert analysis” article in Law360, “Retail Security Policies And The Risk Of Discrimination.” Schaerf is chair of Schnader’s Antitrust and Trade Regulation Practice Group, and Smith is Counsel in the firm’s Retail Industry team.
They wrote in part:
“Whenever companies change operations there is often an impact on litigation risks. The recent announcements by major retailers regarding unlocking certain multicultural products on the sales floor provide a timely opportunity for all businesses to examine and reconsider possible claims of discrimination.
In early June, Walmart Inc., CVS Health Corp. and Walgreens Co., three of the nation’s largest retail outlets, announced changes to their corporate policies for product displays. These stores will no longer keep multicultural hair care and grooming products — products purchased mostly by people of color — in locked cases.
This nationwide policy change was widely reported in the news media. The practice had been criticized because similar products not marketed directly to people of color were kept on open shelves.”