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BartEsq
BartEsq, Researcher
Category: Business Law
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Experience:  Juris Doctor
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I work in a small jewlery retail store, recently we have had

Resolved Question:

I work in a small jewlery retail store, recently we have had few customers coming in our store with a strong hemp smell, this makes many of our employee's nauseous. Can we refuse service to these customers and if so what code or section of law could we post to avoid this type of clientele. Thank You
Submitted: 4 years ago.
Category: Business Law
Expert:  BartEsq replied 4 years ago.

BartEsq :

The Federal Civil Rights Act guarantees all people the right to "full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, or national origin. The right of public accommodation is also guaranteed to disabled citizens under the Americans with Disabilities Act, which precludes discrimination by businesses on the basis of disability. In addition to the protections against discrimination provided under federal law, many states have passed their own Civil Rights Acts that provide broader protections than the Federal Civil Rights Act. For example, California's Unruh Civil Rights Act makes it illegal to discriminate against individuals based on unconventional dress or sexual preference. In the 1960s, the Unruh Civil Rights Act was interpreted to provide broad protection from arbitrary discrimination by business owners. Cases decided during that era held that business owners could not discriminate, for example, against hippies, police officers, homosexuals, or Republicans, solely because of who they were.

BartEsq :

There is no published case law based on refusing service because of the way someone smells that I can find but if service is refused with a lack of grace, you may be exposing yourself to a discrimination claim.


 

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