Carmen D. Caruso Law Firm is a national leader in asserting civil rights claims on behalf of minority franchisees who contend that they did not receive equal treatment by the franchisor or its agents.
The federal civil rights law (42 U.S.C. Section 1981) prohibits racial discrimination in “the making, performance, modification, and termination of contracts” and in the “enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.” This statute plainly applies to franchise relationships and guarantees equal treatment for all persons of color as well as Muslim Americans, who have been recognized by the federal courts as deserving of protection under this law.
In 2016, our trailblazing work in this field brought Carmen D. Caruso into the Leadership of the American Bar Association (Section of Litigation) when he was asked, and accepted the role of co-chair of the Civil Rights Litigation Committee.
The federal civil rights law does not provide comparable protection on the basis of gender, orientation or disability etc. However, protection may be found under the human rights ordinances of many municipalities, under the general anti-discrimination provisions of the Illinois Franchise Disclosure Act, and at common law in the doctrine of good faith and fair dealing. We have received relatively few complaints of discrimination in franchising not related to race, and have been able to quickly and quietly resolve those claims.