Legal Question in Consumer Law in Idaho

Discrimination

Can a restaurant force you to leave a tip, or ''gratuity'' if there are only two people eating?

The manager at this restaurant told my friend and I that we had to pay a 15% gratuity if we wanted to eat, but no one else in the restaurant had to. She claimed that my friend and I ''don't tip'' when we frequent the restaurant. I felt we were being singled out, and discriminated against. As far as I know, tipping a server is not required. It is voluntary. Please let me know if this franchise can legally do that.


Asked on 2/04/02, 11:31 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Discrimination

No Idaho law requires tipping. However, establishments that tell you so are probably just trying to keep you from coming in the place, maybe b/c you have failed to tip in the past. I'd go somewhere else for food. You didn't say whether you were discriminated against on the basis of sex, national origin, old age, or other suspect classification. If you were, it is illegal to treat you differently. ............. I don't have enough facts from you request to make any other judgments about the alleged discrimination. If you'd like to go into more detail about the incident I might be able to see something they did do illegally. Otherwise, they can condition their service to you upon any condition they want to just like the "you must wear shoes and shirt" deals they put on their doors.

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Answered on 2/07/02, 6:13 pm


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