If I have a small aerobic business and had a person who came into join who seemed drunk and was very odd, do I have to allow this person to join or can I turn away his business?

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If I have a small aerobic business and had a person who came into join who seemed drunk and was very odd, do I have to allow this person to join or can I turn away his business?

I do not believe my services are a match for this person and will not be distributing to my other customers.

Asked on August 12, 2015 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A business cannot turn people away due to some protected characteristic, such as race or religion; however, a business may turn away people who seem disruptive, threatening, distracting, or otherwise bad for business. So in the case you describe, you would not have to take this person on, *unless* their odd behavior was due to some disability (e.g. some developmental or mental disability), since the disabled are also protected against discrimination. As long as you are confident that the the off-putting behavior was not due to some disability, you could safely turn this person away.


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