“No
shirt, no shoes, no service.” It is not uncommon to see signs like this marking
a clear line when a business will refuse to serve a customer. But are there
other times that a business can say no to a potential customer?
A
recent court case highlights the potential risks. A New Mexico photographer
turned down a job to take wedding photos. The wedding was a same-sex marriage
and the photographer reportedly stated that she only did traditional weddings.
The same-sex couple was quickly able to get another photographer, but then
filed a complaint with the New Mexico Human Rights Commission.
The
New Mexico courts found that the photographer violated anti-discrimination laws
in turning down the job. Regardless of your personal views of same-sex
marriages, it does pose a very real question about when businesses can say no
to customers or situations that either go against a business owner’s personal
beliefs or could be a situation that the business has other concerns.
In
the case of a wedding, what if the couple was incorporating some type of
satanic elements and the photographers were religiously opposed? Or what if the
couple was Neo Nazi and the photographer did not want to be part of that
ceremony?
Perhaps
more typical, would be situations where a customer just seems too difficult or
demanding and it seems like a better business decision to walk away rather than
risk creating a bad business relationship. We have all seen on some level
examples of businesses struggling to deal with a difficult or challenging
customer. These could be on a large scale with big business operations or even
small businesses turning down a single customer. In one case, a home estate
seller walked away from a pending client after a brief argument about access to
the home during the sale, leaving the homeowner high and dry. The estate seller
apparently felt that the potential arguments and aggravation was worth less
than the potential income.
The
problem with turning a failed non-deal into an anti-discrimination case means
that individuals who are told no could crowd the legal system with accusations
of discrimination whether that was the reason or not. In the case of the
photographer, the owner could have walked away and simply lied, stating that she
was overbooked that date. By being honest, the photographer opened herself up
to the anti-discrimination case. On the flip side, if the photographer had
backed out for truly being overbooked or not available, the would-be customers
could still file an anti-discrimination complaint, if the customers are considered
some protected group.
This
poses a very valid risk of false accusations and intrusive government
compliance. More importantly, is the impact on the individuals who make up a
business, especially small businesses. Ultimately, businesses are comprised of
individuals with their own beliefs, values and sense of right and wrong. There
will be grey areas, but businesses do not need more obstacles in the form of
regulation and individuals, even as business owners, should not lose their
rights or liberties.
Eric Smith, CPP is the leading authority
on organizational self-defense. He has extensive experience in law enforcement
as well as security management. Eric is available for staff education and
security awareness training as well as business coaching to help organizations
provide safe workplaces. To learn more email Eric at businesskarate dot com.
If you
would like to reprint this post, please contact Eric at Eric at businesskarate dot com.
