The Best Ways to Avoid Illegal Discrimination Claims as a Tech

Even if you want to avoid politics, computer repair businesses are still at risk for illegal discrimination by their clients and customers.  Bias is a part of human nature, but a few best practices will help you avoid, and when necessary, defend yourself against claims of discrimination.

This Isn’t Legal Advice

Wherever you do business, the government has specific rules and procedures regarding discrimination.  One article can’t cover it all for every location.  These best practices are universal procedures that should apply everywhere.  When in doubt, seek a legal professional.

Nor Is It “Political Correctness”

Regardless of your opinions of the politics or social implications of discrimination, most places have laws against refusing service.  Even if they didn’t, if your goal is to grow your business and profit, discrimination interrupts the flow of commerce.  If you’re a fit for the client’s needs, you want to service the client.  Direct or indirect discrimination serves neither you nor your clients.

If your goal isn’t to make money, but make a social statement, then many of these tips won’t apply to you.  You need to decide if you want to serve all qualified clients, or you want to make a social statement with your business. If you choose to make a social statement, it won’t just cost you lost business, but possible ongoing legal fees.

While your location may not have rules against it, the classes that typically are at risk of discrimination for service are gender, race, national origin, age, disability, veteran status, religion, familial status (married/unmarried/children), sexual orientation and gender identity.

Try to Treat All Clients And Potential Clients Equally

Sometimes that’s easier said than done.  Some clients are difficult or demanding. You may choose not to work with them.  That’s your right.  If you don’t like the religion of a client, that’s generally not a legal reason to get rid of a client.  The tricky part is figuring out if religion or any other nonbusiness factor is playing a part in your decision.

Three areas I see business owners facing claims of discrimination with are when they offer different rates, refuse service, or fire clients. Of the three, the rate differential is the most subtle.  We all have our pricing strategies.  Sometimes price is used as a way of firing a client or refusing service.  That’s a dangerous precedent. If a client finds out they’re paying way more than someone else, they might assume it’s due to their class status. The same rule applies when you say you’re booked weeks out, but another client gets in for service right away.  Upset clients have a way of figuring out you’re avoiding them. They’ll post on social media and “catch” you. Your business is too important to take this risk.

The opposite might get you in trouble:  offering an affinity discount.  A classic example of this is Ladies night.  Women get discounted drinks during a time period. If you give a senior or military discount, it could run afoul of local laws.  You’ll want to check with legal counsel before doing that.

Document When You Don’t

When you decide to not work with a client, you’ll need to document the reasons.  The reasons can be anything, so long as they aren’t the protected class status.  Treat it like you would hiring or firing a technician.  The longer you’ve worked with a client, the more documentation you’ll need.

For example, if it’s a potential client who can’t articulate their needs, then document that.  Don’t leave it to later interpretation when you don’t.  If that potential client states you refused service because they were older, you’re on the defense after the fact.  We have a checklist for declined service in our ticketing system.  We just don’t close the lead without an explanation.

You Have The Right to Refuse Service

Some clients don’t like being told no and might lash out.  That’s when they might bully you into thinking you can’t refuse service.  You can.  You’re not a public servant; you’re running a business.  A business can refuse service for any reason (other than because someone is in a protected class) or no reason at all.  That’s different than say an emergency room doctor or a police officer.

We’ve had dozens of clients say “You did this because I was (fill in the class discriminated against).  Don’t comment on it and don’t tell the former client the reason you documented earlier.  Keep your answers direct and say “it wasn’t a fit.” and leave it there.  This protects you if and when you face legal action for your service refusal.  You’re not under an obligation to tell the client the refusal reason, but you might have to explain it in legal proceedings later on.

The most difficult clients might post your refusal of service on social media.  You’ll need to respond to the client with the facts of it not being a fit.  Again, don’t comment on their class status. You’ll want to defend yourself, but commenting too much adds fuel to the fire.

Check Your Language and Phrasing

Good people make some bad mistakes when dealing with diversity.  Over the years, my company and others I’ve worked with were fired for slips of the tongue or misunderstandings.  Since our goal as business owners is to keep clients, it’s best to err on the side of caution.

A classic example,  a client I worked with had all women who worked in the front office. The technician referred to the “girls” instead of the “women”.  The point of contact was offended and threatened to terminate service. After some apologies (and agreement not to send that tech again), the relationship continued but was always rocky.  The technician was being a bit too casual.

Along those lines, educational clients are starting to use Preferred Gender Pronouns or PGPs such as ze or zir.  Regardless of your opinion on PGPs, if you want to keep the client, you want to learn how to use them.

You can’t prepare for every situation, but always be aware of how people want to be referred. Watch your language for subtle awkward statements aka “microaggressions”.  A client who appears female and has a wedding ring might have a wife instead of a husband.  Refer to her spouse rather than the husband just to play it safe.

Another example is wishing a client a Merry Christmas instead of Happy Holidays. If they don’t celebrate Christmas, you’ve made them feel uncomfortable.  While a client won’t sue for either scenario, it creates friction with a client.  Your goal is to make clients feel comfortable with you, your team, and your services.

Realize Mistakes Will Occur And Don’t Argue About Them

Part of respecting diversity is understanding that people have different backgrounds and experiences.  No human being is capable of knowing the right thing to say in every situation.  When you or your team make a mistake and offend a client, take ownership of it and apologize. Don’t try to rationalize or justify it right away (“She didn’t mean it that way”).  Listen to the client and apologize for the mistake.  Speak with your entire team and check your language to prevent it from happening again.

If you’re unfairly accused of discrimination because of a business decision, hold your ground and stick to the facts.  People who faced discrimination can have a knee-jerk reaction in some situations.  They’re in a default position to assume discrimination, so keep the conversation away from the person and the business policies.  Don’t even comment on their class status (“It’s not because you’re …).  Quote the policy or procedure that’s the source of the dispute (“We didn’t provide you service because it wasn’t a fit”) or if it’s a scheduling or other mistake be direct (“we didn’t have a tech available until tomorrow”).

Remember Your Business Goals: Keep and Grow Clients

Most of the tech companies I work with hire based on professional skills, not opinions on the social or political issue of the day.  That means our teams have diverse opinions. We all have to work with people who are different than ourselves.  Your or your team may not agree in implementing what appears to be political correctness in their daily lives.  You’re not asking for that.

Instead, you’re asking your company to create business policies that serve clients with respect and dignity.  That keeps your clients happy and continues your relationship with them.

Written by Dave Greenbaum