There is no question that retail theft is a problem. Shoplifting, not to mention organized crime efforts to steal products from shelves, is pervasive and extremely threatening to retailers that operate on very thin margins. According to a recent survey by the National Retail Federation, an average loss per shoplifting incident is nearly $800, meaning that each event harms the retailer and likely leads to higher prices for honest consumers.

In turn, most retailers implement various tactics to discourage stealing. Many of them rely on locked cases to protect frequently stolen or particularly expensive items, such a high-end cologne. Unfortunately though, some of those efforts reflect racist and prejudicial notions. For example, a woman shopping for beauty products at a Walmart in California found, over repeated trips, that all the products that were designed for African American consumers were locked into a glass case. When she sought to purchase a comb that cost just 48¢, she had to go find a store employee, who unlocked the case, handed her the comb, and then told her she would need to pay for it before she continued the rest of her shopping trip.

The woman has brought suit, alleging that Walmart’s actions are clearly racist and discriminatory, causing humiliation for people of color who just need to replenish their shampoo or want to buy some cosmetics. Walmart responded by noting that the items that each store keeps locked up varies from location to location. But it seems hard to justify a simple comb being kept behind lock and key, unless the retailer resorts to biased reasoning.

Discussion Question: 

1. If you were the judge in this case, with which side would you choose? Defend your answer.

Source: George Anderson, Retail Wire, January 31, 2018