The EEOC has brought a complaint against AutoZone claiming it transferred an African-American employee from one of its locations because it had a high volume of Hispanic customers and it was felt that they preferred to deal with Hispanic salespeople. AutoZone takes the position that Title VII does not apply since there was no change in the employees status. EEOC has taken the position that the transfer was demeaning under the same analysis that Supreme Court used in deciding the Brown v. School Board separate but equal case.

The case is Equal Employment Opportunity Commission v. AutoZone Inc., case number 1:14-cv-05579, in the U.S. District Court for the Northern District of Illinois.