Iowa man says he was racially profiled by Old Navy employees

UPDATE: The Old Navy at Jordan Creek Town Center has reopened Thursday after temporarily closing after a man accused the store of racially profiling him. A Register reporter spoke to a store manager who reiterated a statement made by Old Navy officials Wednesday that Gap and all of its brands maintains a "zero means zero" policy and that an investigation of the incident is underway.

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A post on Facebook alleges that a central Iowa man was racially profiled while shopping Tuesday at an Old Navy at Jordan Creek Town Center by the clothing store's employees.

The post on James Conley III's personal Facebook page Tuesday evening shared details about the incident. The post, as of 12:45 p.m. Wednesday, has more than 47,000 shares and 25,000 interactions. It includes photos and videos of his encounter with Old Navy employees in West Des Moines.

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The post says: "I was accused that I didn't pay for my blue bubble jacket that I got for Christmas that I wore into the store.

"As I was checking out to purchase some hoodies, I was asked if I wanted to also purchase the jacket that I was wearing." That prompted Conley to laugh in disbelief, the post says.

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Conley says the store manager "was very unprofessional and stereotyped me because I was a Black male."

"He says 'anytime someone wears Old Navy clothing they have to always scan that customer's clothing to ensure that it was previously purchased. Where do they do that at?" his post continued. "Every time I go to this store I have on my same exact winter blue jacket and have never been asked to scan my clothing and the previous 'non-black' customers had on identical apparel as me from Old Navy but was never asked to scan their clothing.

"Then after they scan my jacket they try to make me repay for it? Finally the district manager ... came out and I made her check the surveillance tape to prove that her and her fellow employees were in the wrong for racially profiling me because of the color of my skin," Conley's post continued. "Once she confirmed that I was telling the truth (after watching the tape) she never came back out to apologize to me nor did the store manager."

In a text message around noon Wednesday to the Des Moines Register, Conley, 29, said he wouldn't release a public statement until after consulting with legal representation.

The Register learned later Wednesday that Conley is being represented by Brandon Brown and Alfredo Parrish of the Parrish Kruidenier law firm in Des Moines.

"We have already sent out preservation demand letters and we plan on investigating into this case," Brown said.

Internet searches show Conley is a former University of Northern Iowa football player.

Old Navy, located at 6805 Mills Civic Parkway in West Des Moines, had signs taped to the front doors Wednesday saying it was temporarily closed. (The store re-opened Thursday.) No other information was listed about when it would re-open or the reason for the closure. Nobody answered phone calls to the store.

Gap Inc., which owns Old Navy, says in its customer bill of rights published at GapInc.com that "profiling is an unacceptable practice and will not be tolerated."

"Gap is committed to ensuring that all shoppers, guests, and employees are treated with respect and dignity and are free from unreasonable searches, profiling, and discrimination of any kind in our store," the document reads."Gap strictly prohibits unreasonable searches and/or the profiling of customers by any employee. The participation by employees in such activities or the failure to report such instances of which they have knowledge is a violation of company policy.

"Employees who violate the company’s prohibition on profiling will be subject to disciplinary action, up to and including termination of employment."

Liz Nunan, spokeswoman for Old Navy, told the Register in an emailed statement that Gap and all of its brands maintains a "zero means zero" policy and that an investigation of the incident is underway.

"We are a company made up of diverse people — from all backgrounds and cultures," Nunan wrote. "We encourage diversity in thought, celebrate diversity in each other and demand tolerance and inclusion, always."

Check back to DesMoinesRegister.com as this story develops.

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