What Happens When Customers Make Discriminatory Requests?

This question usually surfaces at some of the seminars that we conduct. The issue, what happens when a customer tells a manager that they do not want a particular employee to assist them because of their race. Unfortunately, it happens, and the employer needs to consider that such requests may discriminatory. I have often told the story about a lady who called into the station because there was a prowler in the neighborhood. The dispatcher sent a deputy to investigate. Upon his arrival he went to the door of the caller and knocked. In turn, she looked out the little doorlike peephole, saw a black face and slammed it shut. She went back to her phone screaming that the prowler was at her door. The dispatcher informed her that the person at her door was the deputy. She refused to open the door because he was black and canceled the call!

Now, in determining whether an employer should comply with a customer request regarding employee preference, the employer should consider whether the request constitutes a “personal bias” against an employee or class of employees protected by law. The law recognizes that an employer may have a business necessity for requiring what would otherwise be considered unlawful discrimination. The question is simple: Does an employer have to comply with a customers discriminatory request??

The answer will be posted later in the week. Check back.