Legal Question in Business Law in California

Re: Private business

Sure, and then you can legally fire her for not fulfilling the job requirements.

Re: Private business

Darn! David beat me to the punch. He's exactly right.

Re: Private business

I am not sure what you are asking: 1) does your wife wish her too and she is refusing or 2) is your wife supporting her in the refusal.

The first question deals with whether your wife can force her to perform by citing the law. The answer is no, unless there is a contract to the contrary (in which case she can still refuse, but your wife might be able to sue her for certain damages). If there is no contract, then she can refuse, but your wife most likely does not need to continue to employ her either.

If you are asking if your wife's business can refuse to perform massage services for Men but continue to perform them for women, the answer is probably yes. While there is potentially a gender discrimination issue, a successful suit on those grounds seems unlikely, especially if there are other local businesses offering substantially the same service to men. However, I would also look into local ordinances and consider consulting with an attorney and have them fully research the applicable case law.

Re: Private business

Mr. Burton's answer makes the most sense to me; the others seem to be shooting from the hip.

It seems to boil down to who wants to know and whether your wife supports the employee's position.

First, I agree with Mr. Burton that a discrimination suit would ever result in a court ordering either your business or any particular employee to massage both men and women on the ground that failure to do so is unlawful gender discrimination. The policy against gender discrimination simply doesn't go that far. In my opinion, neither the employee nor the shop would be required to provide all services for all customers.

On the other hand, if the employee is employed under a private contract between your wife's business and her, and the contract requires the employee to give massages to men, the employee probably violates the contract if she entered into in knowingly and now refuses to perform under its terms.