Can I be sued?

[Volks]

Hello, I just started practicing out of a salon that, prior to me, only had one massage therapist that practiced during the afternoon hours. I will be explanding the opportunity for massage to mornings and early evenings. My question is, can I be sued if I only massage new male clients during the hours the hair sylists are present and provide massage for female clients only when I am alone in the office? Since we now advertise morning, afternoon, and early evening appointments, if I only maintain one evening slot for a new male client, when a hair sylist is present, is this discrimination, and am I liable to be sued? Thanks in advance!

 

[hydropowerman34]

Yes you can be sued. Hey, Starbucks was sued for $114 million because they stopped accepting a coupon.

Will you be sued? Not likely. Esp if you phrase it correctly. If a new dude calls up and wants to come in, say, "my only open time is :....."

Don't say "I only accept new dudes at blank O'clock."

In other words: "watch your phrase-ology!"

 

[Mommy of 2 awesome babies]

Sued??? On what grounds?? Please explain how she could be sued?? She is not refusing to work on men, she just wants a new unrefered male client's first appointment to be when there are others working in the salon!

Dont worry so much about being sued. Generally when you work out of a salon you dont get as many male clients as an independent who works out of a non salon/spa setting.

 

[Pompal 09.]

Yep, anyone can be sued for any dumb thing - but you don't have to feed them the ammo. Like Mick said, just be careful of what you say and how you say it. When an unknown male client calls, your next available appointment just happens to be the next slot when there are others in the building with you. No need to explain anything else. Keep the appointment book where the client's can not see it, if you have walk-ins making appointments.

In WI we can refuse service to anyone for any reason, last I checked. But that doesn't mean nobody could sue me for refusing to treat them. I'd rather be sued than raped, so I'm careful even if someone else might find that offensive.

 

[Pompal 09.]

wording is everything. More than once, especially when I fet a bad vibe from a new caller, I have said "I am booked up until.....these are the times I have available". not only does it protect you, it gives the illusion of you being in demand! Trust me, this makes some folks want to book with you even more!

 

[lovincupcakez]

Thanks, I'll be sure to pass this on to the ladies at the salon... careful with language, don't wanna be sued!

 

[drasago]

So, let's all help with the "phras-e-ology".

I am sure someone else along the way will eventually need this too.

I'll try to start - (PLEASE feel free to comment on and re-arrange this!)


Massage therapy is avaliable from ____am to ____pm.

Confidential note to the front desk: During the hours ___am to ___pm (due to security issues) male clients will only be accepted when a hair sylist is also present in the salon. There will be only one evening slot avaliable at ___pm for a new male client, when a hair sylist is present.
Please make sure and abide by this policy when scheduling appointments.

 

[chica25]

Great idea! I like the language, I might add, "Don't let customers know this, but... when booking this is the massage policy for security purposes..."

 

[Pk.khafan]

If you're worried about liability, remember that you cannot control what people at the desk tell clients. Even if you tell them how to word it, and to never tell a potential male client that you'll only take females after x:00pm, they could slip and tell, or feel pressured and make you the scapegoat, or...

Instead, why not make a policy that you will not see ANY new clients after the x:00pm appointment slot. Less confusion, no discrimination. If you are personally doing the booking, you could still choose to bend your own rules and accept new female clients on a case by case basis. But that way, others will be aware of your "new client" policy, and it will likely be less trouble for you and for the desk.

just an idea, FWIW, I haven't had my coffee yet. :

 

[suszcza]

Instead, why not make a policy that you will not see ANY new clients after the x:00pm appointment slot. Less confusion, no discrimination. If you are personally doing the booking, you could still choose to bend your own rules and accept new female clients on a case by case basis. But that way, others will be aware of your "new client" policy, and it will likely be less trouble for you and for the desk.

just an idea, FWIW, I haven't had my coffee yet. :

What a great idea!

 

[T.O.Rider]

I'm not sure that you can be sued. I mean, some practitioners choose to work on one gender only altogether, and I haven't heard of any trouble they've gotten into with that.

I work on both males and females, and yes, I do treat them a bit differently when scheduling, if they're new. It comes down to me not knowing them well yet. My honey works weekday evenings, so I either schedule new male clients during the day or on weekends, and I simply say "our next available time is..." No mention of gender as in "well, we only see male clients at such & such a time". Or, if I feel OK enough, I'll schedule a guy for when my honey's not home and then make it seem like he is (I'm good at that), but I WILL quote my next available appt time as 1-2 days away--no same day appts. Unknown females can get in right away, because they pose a near-zero threat to me. It's unfortunate, but it's true. It's nothing against males at all, and since more than half my practice IS males, I have a blast working on them and I know how awesome they are! It's just that I'm keeping myself safer by taking precautions with guys I don't know. I wish I didn't have to, but alas. That probably does qualify as flat-out discrimination, but you gotta do what you feel you gotta do. But if it's your practice, it is your right, as long as you're careful about how you phrase it.

Just my ramblings
~Jyoti

 

[vogonsrock]

I totally agree with jyoti!

I also work out of my home clinic and when new male clients come in, schedule it when my hubby is home working in his office. Just to be on the safe side. If a male client calls who has been referred by one of my regulars who knows him well, I have very little trepidation.

And I agree with jyoti on this too -- many of my favorite clients are now men with wonderful senses of humor who need me to continue in their chosen careers (including a 6'4" rodeo cowboy! I am 5'1"!)

When I began working out of my home, I planned to specialize in women (my hubby was comfier with that too) -- but the inevitable happened. Regular clients would refer their hubbies, or brothers and sons etc. -- and I realized I was totally comfortable with that after all. And it has added so much to my practice.

Again, YOU are in control of timing etc. -- just state "my next open appointment is so and so" -- no need to mention any of your personal reasons.

Good luck! And let us know what develops!!

Sherry