It is not correct that your boss can run his business anyway that he likes. There are certain persons whom he cannot discriminate against on the basis of certain characteristics, and that is if the discirmination is based on race, sex, national origin, religion, age (over 40) or disability. Any discrimination based on these factors is illegal. He could not, for example, refuse to permit men in his store, nor could he refuse to permit a particular race in his store, such as refusing to permit any Hispanic individuals in his store, nor could he discriminate based on religion, such as refusing to permit any Catholics in his store. These kinds of issues have been settled for years. LIkewise, he cannot say that all people in wheelchairs cannot enter his store, and the same for mentally challenged individuals. The question is whether or not asking her to leave is an act of discrimination based on her disability. If he asks other people to leave for the same actions, and those people are not mentally challenged, then he is not discriminating. If he singles her out for this particular treatment, or if he asks all mentally challenged people to leave (and doesn't ask any others to leave), then he IS discriminating based on her disability and it is illegal and a violation of more than one federal law. One federal law in particular, the Americans with Disabilities Act, which was passed in 1991, prohibits discrimination based on disability alone. This law has been in effect for 15 years; this guy must know about it. It is well-known, and has been well-publicized; it applies to public and private businesses and organizations. So, in answer to your question, depending on the circumstances and how he is treating her compared to other customers, he could be doing illegal discrimination. Can he be successfully sued? Yes. Can you be successfully sued if you do this for him? Yes. The young lady can easily hire a civil rights attorney, who will likely take such a case with a small or no money up front, as such a case can be done for the attorney's fees awarded at the end,
I am the Manager of a hardware store in Michigan. There is a girl that comes in the Hardware store often. She comes in and stops to say hi to the cashiers and other employees as well as coming in to look at the products for sale. She is mentally challeged (I do not mean to sound mean, but it is important information). I was told the other day by my Boss, that the next time I saw her in the store I am supposed to kick her out, just because she talks to the employees. I think this is totally unfair and discrimination. She is not keeping the employees from their work, and she comes in with intent to purchase items. She shows no sign of possible shoplifting or any other kind of mischief that would have reason to be asked to leave a store. I want to know where my rights are on this subject. I feel that if I comply with my boss's request, then I will also be discriminating. I feel that what they expect me to do is morally wrong and I refuse to do it. I even told them that. I was told it was my job as the store manager to kick out all those who warrant the reason to be kicked out...and apperantly they feel she does (even though I don't). I am willing to loose my job by refusing to comply with their demand just so I can keep my self respect. I am just curious if I have a leg to stand on? Do I have the right as a citizen not to discriminate? And what can I do if action is taken towards me for not discriminating?