If I’m a male tattoo artist and recently stopped tattooing female clients, am I breaking any laws or do I have the right to refuse service to whomever I choose?

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If I’m a male tattoo artist and recently stopped tattooing female clients, am I breaking any laws or do I have the right to refuse service to whomever I choose?

Asked on January 23, 2016 under Business Law, Vermont

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You most likely are committing discrimination: a place of public accommodation, like a store or shop inviting the public in for business, is not allowed to discriminate against (e.g. refuse to serve) women, and your refusal could constitute a breach or violation for the whole shop. Of course, they could choose to try to accommodate you, if they have multiple artists, by diverting women to other artists, but the first time you're the only one available and you refuse a woman client, that would fail and the shop could be liable. And they are not required to even try to accommodate you--they could, for example, simply legally fire you for your position.


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