Legal Question in Discrimination Law in Michigan

Company will not quote woman without husband there

A rep. of a local home improvement company knocked on my door and asked to do a free estimate on siding my home. I said yes. He asked if I was married (I am). He then asked when would be the best time to meet with my husband and me. I explained that I owned the home, I made the mortgage payments, my husband had nothing to do with the property other than sleeping there. He said it was company policy, they would not quote me unless my husband was present, and that the person who would call to

confirm the appointment would furthter explain why. I bought this home with my mom prior to my marraige, she and I are co-owners on the mortgage,

my husband and I maintain seperate bank accounts, and if I die my half of the house goes to my mother, not him. My husband hates the house, resents the fact that I bought it at all, pays nothing towards the mortgage or utilities, spends most of his time at his parent's house and lets me do all the remodeling (including drywalling) myself. Needless to say, I resent anyone telling me that they will not quote me on improving my own property unless he is present. Is this legal?


Asked on 6/08/99, 9:10 pm

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Guide for dealing with home contractors

Massachusetts speaks out again. Attorney Williams is correct: you have no suit.

BUT BUT I am hearing that you NEED catharsis. A similar thing happened to me years and years ago. I was remodeling a historic house and was adding electric power. I had a male friend with me when I met Boston Edison's fieldperson.

The male fieldperson spoke the whole time to my male acquaintance who had absolutely no connection to the house.

I had no other electric power supplier to

switch to, I just had to live with the insult,

which stuck in my craw so firmly that it is, as all can tell, still with me.

So, for that catharsis, report them to your state

Attorney General's office and the Better Business

Bureau, and give them a bad reference should you

ever stumble over an opportunity to do so.

Writing to your local newspaper is of no value.

People and companies do not care if their names are in the paper because readers tend to forget the context in which the name was used. Instead, they remember only the name . . . and you do not want to give them a

free advertisement.

Lastly, think positive. Check out your next

contractor. They don't mistreat women because

of personal reasons or because of chauvinism.

They think, as Attorney Williams wrote, how to

protect themselves in the marketplace -- to wit,

to ensure that they get paid for any work they

do and for materiels they supply.

If you do want siding, check out the how-to

books . . . not for the purpose of doing it

yourself, but for the purpose of learning HOW it

is done so that you'll know (1) what you want to

include

in a contract and (2) that while the job is

progressing, the siding company is doing the work properly.

Good luck. Think positive. Move on.

Barbara C. Johnson, http://falseallegations.com

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Answered on 6/11/99, 6:16 pm

Re: Company not quote woman without husband there

Sounds legal to me. Private business people can choose

to do business with anyone they please and you don't have

much leeway to force them to offer you a contract, legally.

You could threaten to sue for discrimination, but it'd be an empty

threat. Find another contractor, or start your own contracting

company.

Schools, bank, public employers, employers receiving federal funds, etc.

have to be less discriminatory.

Practically speaking, your situation is a little unusual and prospective contractors

don't have access (again, practically speaking) to records to see who the homeowner is,

so they ask to see both. Furthermore, spouses have rights in the homes they live in,

sometimes even 'homestead' rights (which can defeat creditors claims), even if they're

not 'on the mortgage' or even on the deed. Lastly, anyone trying to write a contract

would rather have two people signing that they can pursue for money than one, especially

if the second is a wage-earner.

I'm not familiar with your state's laws which may provide a whole 'nuther view, but that's

how things are in Massachusetts and we're pretty progressive out here.

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Answered on 6/10/99, 5:18 pm


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