Refusing Service or to do Business With Someone: When is it Legal?

If you own a business, there are really two schools of thought, which oppose each other.

On the one hand, it’s your private business–you can serve or not serve or do business or not do business with whoever you please. On the other hand, you are likely aware that this statement is tempered by strong discrimination laws–so you can’t just refuse service for just any reason.

But many business owners often ask, outside of obvious discrimination on the basis of a protected class, such as gender, nationality, religion, pregnancy/familial status, race, disability or age–when can a business legally refuse service, or refuse to do business with someone?

Mixed Reasons

Outside of discriminating against protected classes, your business can refuse service to whomever you want, for whatever reason you want. Common reasons include people being rude or disruptive, threatening your employees, being drunk, damaging property, being underdressed, noise, or violating your business’ rules.

But problems arise when customers who you don’t want to do business with for a legitimate, non-discriminatory reason, also happen to be members of a protected class. In many cases, these customers or businesses, feeling spurned or insulted when you refuse service or tell them to leave, will claim illegal discrimination.

As a general rule, it is not discrimination to refuse service to someone of a protected class, if there is a legitimate, non-discriminatory reason for doing so.

For example, if a pregnant woman is not wearing shoes, and you have a “shoes required” policy, you can refuse service to that pregnant woman.

Of course, you’ll want to make sure that you are applying your policy to everyone–if you only kick out the pregnant woman without shoes, but no other customers who walk into your business without shoes, now you could be accused of discriminatory behavior which could get you in trouble.

Handling Incidents

If you do have to remove a customer from your business or refuse service, treat it like there was an accident in your store–fill out a complete incident report, documenting what the customer did or didn’t do, to warrant being kicked out or refused service. If there were any witnesses, you may want to get their information as well.

If a customer accuses you of discriminating on the basis of a protected class after being told to leave or refused service, gently state the non-discriminatory reason that they are being refused service, and do not get into an argument over discrimination.

Disability Laws

You’ll also want to make sure that you don’t run afoul of disability laws.

For example, imagine someone who is uncomfortably loud, so much so, you want them out of your business. That person may have Tourette’s, or some other disability that prevents them from controlling their voice volume. Or, if you do not allow food, and someone’s disability requires that they eat or drink, you could find yourself in trouble for removing that customer.

Legal problems with your business? Call our West Palm Beach commercial litigation attorneys at Pike & Lustig for help.

Source:

nextinsurance.com/blog/right-to-refuse-service-to-rude-customers/