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Download AudioWalmart Lawsuit Exposes Systemic Racial Profiling Against Black Customers
By Darius Spearman (africanelements)
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KEY TAKEAWAYS |
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The Brewster family was wrongfully accused of shoplifting at Walmart. |
Security guards failed to check the family’s receipts despite their request. |
The lawsuit alleges Walmart has a history of racially profiling Black customers. |
Previous incidents cited in the lawsuit support claims of systemic discrimination. |
The Brewster family is suing for civil rights violations and emotional distress. |
Corporate changes are necessary to address and prevent future racial bias. |
Walmart’s Racial Profiling Claims: A Widespread Problem?
The Brewster Family Incident: Reflecting Larger Issues
On October 13, a simple shopping trip became a nightmare for the Brewster family. This Black family of five went to a Jacksonville Walmart, planning to exchange clothes bought the day before. However, they were caught in what their lawsuit claims is a common pattern of racial profiling by the retail giant.
Despite having their receipts, the family was falsely accused of shoplifting. Security guards refused to check the receipts and detained the Brewsters while calling the sheriff’s deputies. The deputies arrived, investigated, and found that the family had done nothing wrong.
Unfortunately, this event is not rare. The Brewsters’ lawsuit argues that “Walmart continuously and unfairly discriminates against Black customers.” (Atlanta Black Star).
A Pattern of Discrimination?
The lawsuit lists several instances of alleged racial profiling by Walmart. In 2020, a Black man in Oregon received over $4 million after a jury trial due to a similar situation. That year, two Black men in Texas were detained while returning a television, which led to an undisclosed settlement. (Atlanta Black Star).
Walmart Civil Recovery Statistics (2-Year Period)
These events suggest a troubling trend of bias. In 2021, an Arkansas student, Roderick Johnson sued Walmart because he was detained under false shoplifting claims. The frequency and resemblance of these incidents indicate more than coincidence.
The Role of Security Guards in Continuing Bias
Walmart’s security team actions in the Brewster case are especially harmful. When guards ignored receipts that proved the family’s innocence, it raised concerns about their training and biases.
Detaining the family without proper checking escalated an easily resolvable situation. The guards’ misuse of power caused unnecessary trauma for the Brewsters, highlighting the risk of unchecked authority in retail security.
Understanding Racial Profiling and Implicit Bias
Racial profiling plays a significant role in incidents like the Brewster family’s ordeal. It involves authorities targeting individuals for suspicion of a crime based on their race or ethnicity. This practice leads to unequal treatment and erodes trust within communities. Moreover, implicit bias can contribute to these situations. These are unconscious attitudes or stereotypes that affect understanding and actions. Even without malicious intent, individuals may act on these biases, resulting in discrimination.
What Is “Shopping While Black”?

“Shopping While Black” describes the discrimination Black shoppers face in retail settings. They might be followed, ignored, or falsely accused of theft due to racial stereotypes. This term highlights the challenges and prejudices that impact their everyday shopping experiences.
These biases aren’t limited to one store or incident. Studies show that 80% of Black shoppers have experienced racial stigma while shopping (Racial profiling by retailers creates an unwelcome climate for black shoppers, study shows). Consequently, these experiences lead to feelings of exclusion and mistrust toward retail institutions.
The Legal Path Forward
A complex legal journey begins when families like the Brewsters file lawsuits alleging civil rights violations. First, they file a complaint outlining the specific violations and the relief they seek. Then, the discovery phase involves exchanging information and evidence between parties. If settlements aren’t reached, the case may proceed to trial. This process aims to hold entities accountable for unlawful actions (What are Common Examples of Civil Rights Violations?).
Understanding civil rights violations is essential. These infringements occur when individuals are denied rights guaranteed by anti-discrimination laws. Examples include unreasonable searches, wrongful imprisonment, and excessive force by authorities. Victims seek justice not only for themselves but to prompt systemic change.
The Impact on the Black Community
Racial profiling in retail doesn’t just affect individuals; it impacts the broader Black community. Such discrimination leads to economic disadvantages and undermines confidence in consumer activities. Additionally, the annual buying power of Black consumers was projected to reach $1.3 trillion by 2017 (Racial profiling by retailers creates an unwelcome climate for black shoppers, study shows). However, ongoing negative experiences can deter shopping, affecting both customers and businesses alike.
Historically, systemic racism has been embedded in various aspects of society, including retail. Recognizing this context is vital to addressing and dismantling the prejudices that persist today. Therefore, acknowledging past injustices helps in creating a more inclusive environment for everyone.
The Role of Public Pressure in Driving Change
Public pressure is a powerful tool in holding corporations accountable. Consumers can influence companies like Walmart through their purchasing choices and voices. Advocacy campaigns and social media movements amplify calls for change. For instance, historical efforts led to significant regulations in industries like tobacco (Corporate Accountability: Definition, Examples, Importance).
Furthermore, collective actions encourage companies to reevaluate their policies. Retailers may implement bias training and update procedures to ensure fair treatment. Ultimately, sustained public engagement fosters an environment where corporations prioritize equity and justice.
Legal Action and Accountability
The Brewster family filed their lawsuit on November 26, claiming civil rights violations, wrongful imprisonment, defamation, and emotional distress. Besides seeking compensation, they demand accountability from a major corporation.
Notable Walmart Racial Profiling Incidents
This lawsuit adds to a growing number of legal challenges against Walmart’s actions. This accumulation may force Walmart to reconsider its customer interaction policies and staff training.
Wider Issues of Retail Racism
The Brewster family’s experience reminds us of the daily challenges Black Americans face in retail spaces. “Shopping while Black” remains risky in a society where racial stereotypes endure.
These incidents go beyond inconvenience. They cause public humiliation and psychological harm, leaving lasting effects. The constant fear of wrongful accusations creates tension and distrust for Black consumers.
Corporate Responsibility and Real Change
Walmart’s actions will be important. Apologies and settlements are not enough. Meaningful change requires a complete company culture, training, and accountability review.
Walmart needs to examine if its practices unintentionally or purposefully perpetuate racial bias. This evaluation should lead to clear actions like employee bias training, better oversight of security, and clear shoplifting protocol.
The Influence of Public Pressure
As these cases attract media attention, pressure on Walmart grows. Consumers have power through shopping choices and social media. Boycotts and online campaigns can boost calls for change.
Advocacy groups and civil rights organizations are vital in keeping these issues visible. Their continued support for racial profiling victims is key to pushing for significant changes.
FAQ
Q: What incident sparked the lawsuit against Walmart?
A: The lawsuit was sparked by an incident involving the Brewster family, who were falsely accused of shoplifting at a Jacksonville Walmart, despite having receipts for their items.
Q: What are the main allegations in the Brewster family’s lawsuit?
A: The Brewster family alleges civil rights violations, wrongful imprisonment, defamation, and intentional infliction of emotional distress, claiming that Walmart has a pattern of racial profiling against Black customers.
Q: How does this incident relate to broader issues of racial profiling in retail?
A: This incident is part of a troubling trend where Black shoppers frequently face racial profiling, which can lead to public humiliation and psychological trauma, as exemplified by other lawsuits against Walmart.
Q: What actions are being demanded from Walmart in response to these allegations?
A: The Brewster family’s lawsuit seeks accountability and changes in Walmart’s corporate culture, including enhanced training for employees, particularly security personnel, to address implicit biases.
Q: How can the public influence Walmart’s response to these issues?
A: Public pressure through boycotts, social media campaigns, and advocacy by civil rights organizations can amplify demands for systemic reforms and hold Walmart accountable for its practices.
ABOUT THE AUTHOR
Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.