Mr. Wigdor represented four former sales associates at Macy’s Herald Square flagship location alleging that Macy’s unlawfully directed the associates to racially profile Asian shoppers based on the discriminatory stereotype that all Asian customers are resellers – that is, Asian customers buy goods in markets like the U.S. and resell them on the grey market at a markup in Asia.
Specifically, the complaint outlined multiple instances of sales associates at Macy’s being instructed to “look out for” and “not sell to” customers of Asian descent. The complaint further alleges that sales associates were regularly instructed not to sell more than one unit of the same product to Asian customers, contrary to store policy that customers could purchase up to six units of the same product. Moreover, employees in the loss prevention department would regularly make Asian customers uncomfortable by conspicuously staring at them through the completion of their transactions, according to the lawsuit. The Plaintiffs were purportedly never instructed to racially profile customers who weren’t of Asian descent.
After filing grievances with the Macy’s union and complaining to managers, in one week the four Plaintiffs were all terminated from their positions as sales associates in a blatant act of retaliation, the lawsuit alleges.