Corporations Keyed to Klein
Arguello v. Conoco, Inc
Facts
Plaintiffs all alleged that they were discriminated by employees of Conoco gas stations. Some of the plaintiffs were accosted at stations owned by Defendant, while another group were accosted at stations not owned by Conoco but were branded as a Conoco station. The incidents at issue occurred when Plaintiffs were paying for gas, using restrooms or otherwise utilizing typical gas station services. Employees used racial epithets, treated minority customers differently or refused service. Plaintiffs asserted that Defendant was not only liable over its employees in the stores it owned, but also a master over the Conoco-branded stores through an ambiguous “Petroleum Marketing Agreement” (“PMA”) between Defendant and the other stores. The PMA reference the treatment of customers (should be treated fairly, honestly and courteously) and a provision allowed Defendant to terminate the agreement if the franchisees did not follow the agreement.
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