Seeking ADA advice re. PTSD

[baileysemt]

I realize no one here is a lawyer, and I do not expect anyone here to have lawyer-level expertise, but I do anticipate that many have experience with the ADA and being discriminated against. So here goes!!

I run a small retail business/shop. I had to close my shop for 2.5 years because I was full-time caretaking my gravely ill Mom and incapacitated Grandma (they lived together), and then was nailed with PTSD starting in July 2006. It was a one-two punch, business-wise.

In the course of being closed, a few online customers became disgruntled and complained to one of my suppliers that they couldn't reach me. Note, none of these people were charged for anything, they were just outstanding orders that didn't get filled. I did respond to some customer emails but not all... I'd say about 50/50, it was the best I could handle. :\ I did have notes all over my website as well as in an email autoresponder explaining that I was away from the business because I was "ill" and would return and respond to their emails ASAP.

I have no idea how many customers actually complained. The supplier won't tell me how many, nor will they provide any names or dates. None of my customers has said "hey, I complained to company XYZ" either. There's a huge communication disconnect here, and it basically adds up to libel because the supplier won't even substantiate the claims they are making (nor will they give me the chance to try to patch things up with my unhappy customers, which really bothers me).

For all I know, 2 people complained. Or maybe 20. 200? LOL :dontknow: No clue.


Anyway, my shop has been "open" for the last 7 weeks, I have been filling orders and corresponding and taking care of people since October 19th. I have updated my systems to offer better communication with customers, and I have changed my own schedule and lifestyle to make it easier for me to deal with people. Am I perfect? No, nobody is :-P but I am doing a kick-butt job if I do say so myself. I have also been in touch with many previous customers, explained what happened, apologized, and have been working hard to patch broken fences and bridges.... it is damn hard, but I'm doing it.

Well, the supplier is now refusing to do business with me. The reasons they cite were all directly caused by my PTSD ...

• No response to customer emails -- I didn't respond because I was freaking out from the conflict, and didn't feel I was worthy enough to talk to these people (yes, even though they basically begged me to respond -- I totally felt like I was not deserving or worthy of talking to them.)
• Orders weren't shipped -- because I couldn't figure out how to process and pack an order, I was in the 'PTSD stupidity' mode for ages;

I have gone through the ADA briefly and find where physical barriers are covered, and procedural barriers are covered (such as in schools), for in-person business....... but I was not able to find whether a business is allowed to refuse to do business with a person who lives in a different state and never steps foot on their physical property, because of their disability.

I know we would all agree they shouldn't be able to, but this isn't the "should" game, I need to know the reality of the law.... I don't have money for a lawyer, but filing an ADA complaint is free :) and it buys me some time to find a lawyer who might be willing to pick up the case. (There is actually one firm I need to contact... they already have pending litigation for others affected by the same trauma that caused my PTSD... they might be willing???)


Worst of all, I hate being a frigging victim :mad: I think that is what is pissing me off the worst. I have been through hell, I finally picked up enough of the mess to be able to start to make a living again, and now I get dealt this blow from my top supplier... they have a very one-of-a-kind product which I CANNOT get elsewhere... that's not even an option, please believe me on this one :wink: I've dug high and low, they are the ONLY game in town due to their "creative license" shall we say.


Thoughts??????

Thank you so very much :smile:

:smile: Bailey

 

[anthony]

I don't believe any lawyer could win a case against a supplier simply refusing to provide their goods to you for sale. I believe any supplier has the right to choose who they supply goods to for any reason they pretty much want. Its not discrimination, its business law I believe. As a business owner you have the right who you do, and do not, sell goods and/or services too. No judge can effectively force a business to provide goods/services to another.

I believe the only time it would become a legal matter would be if this supplier colluded with another, disclosed their dealings with you to another similar supplier, etc. Basially, if they colluded to ensure you could no longer establish the business you know and can perform, then they would be liable. Otherwise, if they are simply refusing to provide you their goods and/or services, I believe you will find under business law they have that right to do so, regardless what circumstances surrounds your life, they have that right I believe.

 

[baileysemt]

I should mention I am a sole proprietor and hence an individual, not a "company" in the legal sense...

I guess I am confused. A restaurant cannot refuse to serve a patron because they are in a wheelchair (even though that would screw up the seating and aisles) ... a hair stylist cannot refuse to help a blind person who wants to get their hair colored (even though there would be an obvious communication issue) ... I am confident I cannot refuse someone's business just because they want to call in on a TTY phone....

I've no question that they can choose to do business with whomever they want. I can too. The question is, can a business refuse business on the basis of a disability? I wasn't aware they could...

I had customers with disruptive Tourette's visit my store as well as my website, I was awfully sure I couldn't give them the boot because of their disruptive behavior. I've had any number of people in wheelchairs, and I rearranged my fixtures to make their shopping even easier still, I knew I couldn't refuse them due to their disability.

Especially considering that the basis of the alleged complaints has been accommodated & fixed, if they are going to cite the disability as the basis for refusal (which they are) then how is that legal???

This isn't about me anymore, in the sense that I am putting their stuff on clearance and MOVING IT OUT :) but where I come from, it is not alright to pick on sick people. I feel like if I don't challenge them on this, I'm letting all of us down, I'm not helping those with PTSD any by allowing the ignorant (or rude) to steamroll right over those who are unable to defend themselves.

:) Bailey

 

[Deleted member 487]

Bailey, bad news is there isn't much you can do. Tell them the truth- you had poor health. Now, you're better. No moneys appear to be lost or stolen, you simply had poor health. No details are needed as those will likely scare folks off. If they specify because of your impairment, then I suggest you file a complaint. Problem is who the complain goes to depends on a lot of small details.

As for someone that is disruptive of your business transactions, yes you can ask them to leave.

 

[anthony]

Yep, as CJ highlighted.... its not because of your impairment at present, its because you had customer complaints. Because you where ill is not their problem to be concerned about from a business point of view. Yes, a restaurant cannot refuse someone because of a disability, however; they could refuse them entry if they where full, or said they where full, or a chef did not turn up for the evening so they are only taking limited customers, etc etc. A hairdresser the same thing.... discrimination is one thing, however; your not stating a case of discrimination, your stating a case of business practice due to your being ill.

They are not stating to not serve you because of your illness, they are stating that you got ill to begin with, you failed to meet certain aspects with customer relations which obviously impacted their business, which they now would most certainly have a legal right to refuse you business with them because of that. If they said, "sorry, we are not going to serve you because you have an illness" that would be different, but they are saying they are not going to serve you because you failed to meet your customer requirements which impacted their business. They have every legal right as a business to do that you will find.

Discrimination is one thing, this is not why they are refusing you business.