K-Mart Corp. v. West Virginia Human Rights Commission

One can only read with dismay the majority’s analysis of a rather straightforward act of discrimination. Presumably, if K-Mart had unleashed fire hoses or police dogs on the Barams or if its personnel had stood in the doorway blocking access to the store, the majority would find that an act of discrimination had occurred. Anything less subtle seems beyond the majority’s understanding.

While the majority states that “[t]he sole issue before this Court is whether K-Mart Corporation denied the Barams the advantages, services, and privileges, offered others at its St. Albans, West Virginia store,”…