Discrimination suit may proceed after theft accusation, removal from plane at MSP, court rules

A Black Muslim woman's discrimination lawsuit may proceed after she was removed from her flight and accused of stealing a pair of earrings from a shop at Minneapolis-St. Paul International Airport three years ago, the Minnesota Court of Appeals ordered Monday.

Mariam Aromashodu, 35, an engineer heading home to Florida after working in North Dakota's oil fields, was shopping at the Swarovski jewelry store in the airport in July 2019. The store manager helped Aromashodu purchase a pair of earrings for her young daughter, showing her multiple pairs, when the manager claimed afterward that some earrings went missing.

Two other white customers were in the store at the time, but when Aromashodu left to go get some snacks before her flight, the manager reported a theft to airport police and said Aromashodu stole the pair of earrings.

Aromashodu had already boarded her flight and was watching a movie when police removed her from the plane, according to the lawsuit filed in Hennepin County District Court in October 2020. They said they were investigating a theft, and she denied stealing earrings. Police searched her and found the Swarovski receipt and earrings she bought.

Police took her to the store to speak with manager Laura Wilkens, of Minneapolis. Police said Wilkens inconsistencies in her story and determined a theft never occurred, while the earrings were never found.

The other customers weren't interviewed by police either, said Minneapolis attorney Jeff Montpetit, who is representing Aromashodu.

"We're happy the appeals court reversed the district court, and we look forward to trying the case if that's what it comes to," he said. "We believe the conduct was discriminatory and speaks for itself."

Wilkens and her employer, Airport Retail Group LLC, are being represented by the Minneapolis law firm Nilan Johnson Lewis. Attorneys there declined to comment on the appellate court reversal.

Police attempted to delay Aromashodu's flight that day, but she missed it. They asked store managers to ensure she got home safely, and Swarovski agreed to pay for her rescheduled flight. Aromashodu worked on team that facilitates the drilling of gas and oil wells and had to travel frequently for work.

As a Black Muslim woman, Aromashodu was a member of protected class, and she alleged discrimination based on racial profiling. Hennepin County Judge Bridget Sullivan dismissed the lawsuit in December 2021 that was filed under the Minnesota Human Rights Act.

"There were two other customers in the store at the time Mariam was shopping, yet she was the only one accused of the crime," the lawsuit states. It adds that Wilkens told officers she was "certain" the other white customers did not steal the earrings.

In Sullivan's dismissal, she wrote that the court is mindful of "shopping while Black," and the harm Aromashodu suffered when she was removed from her flight, searched and delayed.

"However, there is no evidence that Wilkens' report was motivated by or based on Aromashodu's race or religion," Sullivan wrote, adding that Aromashodu was the only customer who was shown the missing earrings.

The district judge said Wilkens had a "race-neutral and religion-neutral reason for suspecting and reporting Aromashodu" and that "Wilkens' level of certainty, her inconsistent statements, and the thoroughness of her investigation do not constitute evidence of discrimination."

Appellate court Judge Jennifer Frisch wrote in the reversal that Sullivan erred in determining that Aromashodu didn't prove discrimination. While Aromashodu didn't disagree there were nondiscriminatory reason for their actions, Wilkens' inconsistencies support a conclusion that she was "not truthful about her motive," Frisch wrote.

Wilkens told police that only one customer was in the store with Aromashodu but later said there were two; she reported two pairs of earrings stolen but later said it was three; she told police Aromashodu made a purchase but told her employer she didn't buy anything.

At her deposition, Wilkens said she reviewed security-camera footage, but another store manager testified that the cameras were not working that day. Wilkens also said she did not immediately believe the earrings were stolen, which contradicts what she told her employer: She "immediately" called police and was certain Aromashodu was the thief.

"These inconsistencies explicitly noted by the police as a reason why they abandoned the theft investigation are indirect evidence from which a reasonable factfinder could conclude that Wilkens reported Aromashodu to the police because of her protected status and not for any non-discriminatory reason," Frisch wrote.

Aromashodu claims she suffered humiliation, mental anguish and emotional distress. She seeks at least $50,000 in damages.