Employer Liability for Racial Profiling: Private Security & Businesses

When Stores and Security Cross the Line

Walking into a store should feel normal. You grab what you need, pay, and head out. 

But for too many people of color in New York, that quick errand turns into something else when staff or security decide you “look suspicious.” Suddenly you’re being watched, followed, or even accused of stealing with zero real reason.

That moment hits hard. It’s humiliating. And when the police get called, it can spiral into an arrest or worse. Businesses love to act like it’s an “isolated mistake,” but the truth is simple: racial profiling in private spaces is a civil rights violation.

Our racial profiling attorneys at Horn Wright, LLP, don’t let companies brush this under the rug. We’ve held retailers, restaurants, banks, and security contractors accountable when they crossed the line. 

If you’ve been targeted like this, call us at (855) 465-4622. We’ll talk through your story, explain your options in plain English, and fight for the accountability you deserve.

Why Employers Can’t Just Blame the Employee

When profiling happens, businesses love to say, “It wasn’t us. It was one worker acting out of line.” But that excuse doesn’t hold water in New York. Under the New York State Human Rights Law (NYSHRL), businesses can’t discriminate when serving the public. And that includes whatever their staff or hired security does on the job.

Think of it this way: if a guard harasses you in the aisle, the company that hired them can’t just shrug. The law sees the employer and the employee as connected. That’s why so many of these cases focus on whether a business trained its staff properly or ignored a culture of suspicion aimed at certain groups.

In New York City, the Human Rights Law goes even further. It puts one of the strongest sets of rules in the country on businesses, demanding equal treatment for all customers. So when profiling happens in Manhattan, Queens, Brooklyn, the Bronx, or Staten Island, the law is squarely on your side.

How Profiling Looks Inside Businesses

Racial profiling in private spaces doesn’t always look the same. Sometimes it’s subtle. Sometimes it’s loud and humiliating. Here are a few ways it plays out:

• Retail theft accusations. You walk into a store and suddenly notice a guard shadowing you down every aisle. At checkout, you’re pulled aside, bags searched, and accused of theft with no proof. Beyond the embarrassment, it can turn into a police report and those scars run deep.
• Restaurants and nightlife exclusion. You show up at a restaurant or club, only to be told your outfit doesn’t “meet dress code.” Funny thing? Other people dressed the same way get in. These excuses are profiling in disguise, and businesses that allow it are opening themselves up to lawsuits.
• Heavy-handed security stops. A guard decides you look “out of place,” stops you, searches you, maybe even cuffs you. No actual evidence. Just bias. In New York, that’s a clear line-crossing moment, and employers are almost always pulled into the claim alongside the guard.
• Banking and financial suspicion. Trying to cash a check or open an account? Some customers of color find themselves questioned, doubted, or outright denied while others breeze through. That’s profiling, and when staff make those calls based on race, banks face serious liability.

The Damages You Can Demand

Money won’t erase the sting of being singled out. But the law makes sure you don’t have to carry the costs on your own. Damages in profiling cases are designed to hold businesses accountable and help you rebuild.

First, emotional distress matters. Courts in New York recognize that humiliation, anxiety, and long-term trust issues are real harms. Second, there’s the fallout. Maybe you lost a job after a wrongful arrest, or your reputation took a hit. Those losses can push compensation higher.

And then there are punitive damages. These are different. They’re not about paying you back. They’re about punishing the business for crossing the line. When a company or security firm shows a pattern of profiling, juries aren’t shy about sending a loud message with big numbers.

How Businesses Try to Dodge Blame

If you think businesses admit wrongdoing, think again. Most of them roll out a list of excuses when called out for profiling. Here are the ones you’ll hear most often:

• “It was just that employee.” They’ll claim the worker acted on their own. But in New York, employers are usually still responsible if it happened on the job, especially when no proper training was in place.
• “We had a good reason.” Businesses try to argue the stop or denial was based on behavior, not race. The problem? When you dig into video, receipts, or patterns, those “reasons” often fall apart.
• “The customer exaggerated.” This defense shows up a lot—suggesting victims are blowing things out of proportion. With witnesses or footage, though, juries rarely buy it.
• “We fixed it afterward.” They’ll point to new policies or staff discipline. That might help for the future, but it doesn’t erase what already happened to you.

Why Evidence Is Everything

Proving profiling can feel tough. Guards and staff don’t usually admit bias out loud. But evidence tells the story.

Surveillance footage, receipts, and witness accounts all carry weight. In New York, past complaints against the same business can also strengthen your case. If you’re not the first to experience this, it shows a pattern, not a one-off slip.

Expert voices can matter too. Psychologists explain the long-term stress and anxiety. Security specialists testify about what a reasonable stop should look like and how far the guard went beyond it. Together, that kind of evidence makes it harder for businesses to escape responsibility.

What Makes New York Law Different

New York stands out for its strong protections against profiling in private businesses. 

The New York State Human Rights Law (NYSHRL, N.Y. Exec. Law Section 296) bans discrimination in public accommodations, meaning stores, gyms, restaurants, and more have to serve everyone equally. The New York City Human Rights Law (NYC Admin. Code Section 8-107) takes it a step further, giving even broader rights to people in the five boroughs.

Federal protections layer on top. Title II of the Civil Rights Act of 1964 (42 U.S.C. Section 2000a) prohibits discrimination in public accommodations nationwide. And under 42 U.S.C. Section 1981, everyone has the right to make and enforce contracts without racial discrimination. That law often comes into play when profiling blocks someone from completing a purchase.

Our racial profiling lawyers use these tools to fight for clients across New York. But our reach doesn’t stop there. We also represent clients in Maine, New Hampshire, Vermont, and New Jersey. 

Each state has its own set of laws, but New York’s are some of the strongest, giving victims powerful leverage to demand accountability from businesses and private security.

Why the Right Lawyer Makes All the Difference

Taking on a big-box store, a security firm, or a major bank isn’t easy. They’ve got lawyers on retainer and budgets built to fight claims. Without skilled representation, victims often settle for pennies on the dollar.

That’s why having an experienced civil rights legal team matters. We know how to push back, how to dig into evidence, and how to frame your damages so both defendants and juries see the full harm. And we know how to apply pressure on corporations that would rather write a check quietly than face public scrutiny.

We stand with New Yorkers and clients in our other locations who’ve been profiled in businesses or by private security. We’ve built a reputation for taking these cases seriously and for pushing until clients get results. 

Our firm was recently recognized as one of the best law firms in the country for our client-first approach. If you’ve been targeted, we’re ready to listen and fight for you.