Is Disrespect of a Female Customer a Form of Gender Discrimination
My question involves civil rights in the State of: UTAH
Hello,
I'm trying to determine if my wife has a legitimate discrimination case after an appalling experience we had today. Here is the summary:
My wife purchased a new phone early this year and about two months ago it began having problems. I have been urging her to go in and exchange it for some time, but she didn't want to go alone. She told me that she was afraid they wouldn't do it if I wasn't there. I have been a Verizon customer for over 15 years and have exchanged numerous phones without any problems and assured her that if she went in and showed them, they would exchange it. I was wrong...
Later that morning I got a call from my wife, crying, because she went in and tried to exchange her phone under warranty and they wouldn't do it. The gentleman that helped her didn't even turn the phone on to investigate. He told her that it was bent, and the warranty was void. She was quite upset, to the point of tears, because she had paid out of pocket for this one, and the gentleman told her she would just have to buy a new phone.
I couldn't even believe this! I have never had an experience even remotely similar!
So, later this afternoon I went to the store. I walked in and told them my wife's phone was having some problems and I needed to exchange it under the warranty. The guy asked me what it was doing, confirmed it and in no more than 10 minutes had my claim processed. No questions asked.
Iam furious that my wife was treated with such disrespect, clearly because she was a woman and they didn't think she knew any better to argue. By the way, the phone was not bent.
After I completed the transaction I asked to speak with the manager and explained that my wife had been turned away in tears earlier that day trying to exchange the same phone, with claims that it was bent. He examined it himself and agreed that it wasn't bent and that the employee was way out of line.
Again I am appalled that my wife was treated so differently by a company that I respected, due to their long great treatment of me. My wife was certainly humiliated and inconvenienced, and I had to take time from my job to address this because she needs her phone for work.
I am not typically the type of person to search for dumb lawsuits to file for an extra buck, but this experience just blew me away and really opened my eyes to something I didn't realize was happening, even to my own spouse. I'm furious that she was disrespected and feel that her rights to equality as a woman were most certainly violated.
Please tell me if this is a legitimate case and what things to consider if we decide to pursue this.
Thank you in advance!
Re: Should My Wife File a Lawsuiute for Gender Discrimination
Was the employee who saw your wife the same one you spoke to?
I think you (she, actually) just ran into a jerk. The problem was rectified when you spoke to the manager- something your wife should have done in the first place.
Re: Should My Wife File a Lawsuiute for Gender Discrimination
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Quoting
Shocka311
My question involves civil rights in the State of: UTAH
Hello,
I'm trying to determine if my wife has a legitimate discrimination case after an appalling experience we had today. Here is the summary:
My wife purchased a new phone early this year and about two months ago it began having problems. I have been urging her to go in and exchange it for some time, but she didn't want to go alone. She told me that she was afraid they wouldn't do it if I wasn't there. I have been a Verizon customer for over 15 years and have exchanged numerous phones without any problems and assured her that if she went in and showed them, they would exchange it. I was wrong...
Later that morning I got a call from my wife, crying, because she went in and tried to exchange her phone under warranty and they wouldn't do it. The gentleman that helped her didn't even turn the phone on to investigate. He told her that it was bent, and the warranty was void. She was quite upset, to the point of tears, because she had paid out of pocket for this one, and the gentleman told her she would just have to buy a new phone.
I couldn't even believe this! I have never had an experience even remotely similar!
So, later this afternoon I went to the store. I walked in and told them my wife's phone was having some problems and I needed to exchange it under the warranty. The guy asked me what it was doing, confirmed it and in no more than 10 minutes had my claim processed. No questions asked.
Iam furious that my wife was treated with such disrespect, clearly because she was a woman and they didn't think she knew any better to argue. By the way, the phone was not bent.
After I completed the transaction I asked to speak with the manager and explained that my wife had been turned away in tears earlier that day trying to exchange the same phone, with claims that it was bent. He examined it himself and agreed that it wasn't bent and that the employee was way out of line.
Again I am appalled that my wife was treated so differently by a company that I respected, due to their long great treatment of me. My wife was certainly humiliated and inconvenienced, and I had to take time from my job to address this because she needs her phone for work.
I am not typically the type of person to search for dumb lawsuits to file for an extra buck, but this experience just blew me away and really opened my eyes to something I didn't realize was happening, even to my own spouse. I'm furious that she was disrespected and feel that her rights to equality as a woman were most certainly violated.
Please tell me if this is a legitimate case and what things to consider if we decide to pursue this.
Thank you in advance!
I'm going to bet on two things.
1. You believe without question your wife's version of events
2. The truth will lie somewhere between her version and the other guy's version of what happened.
Your recourse is to protest with your wallet. Take your business elsewhere; crappy customer service results in loss of customers.
Re: Should My Wife File a Lawsuiute for Gender Discrimination
Although a lot of people think that federal law prohibits businesses from discriminating against customers on the basis of sex, the reality is that federal law contains no such prohibition. But Utah state law does. It allows a lawsuit for the actual damages suffered as a result of the discrimination. Note that the law generally does not recognize embarrassment, humiliation, hurt feelings, etc., as a form of damage that can be compensated in a lawsuit. Your wife certainly may sue for any financial loss suffered here. But that loss, to there is any, is going to be small. She’d likely want to do this in small claims court as the legal fees to pursue this in regular court would almost certainly exceed what she’d get in a judgment. Before trying that, though, I’d suggest she write the CEO of Verizon and explain what happened, how it made her feel, and that it was obvious that the difference was that she was a woman since the company easily exchanged the same phone for your but not for her and see if they will do anything to try to make this right. A company that values its image with the public will do something for this. The company very likely doesn’t want a public relations problem on claims that it treats women poorly.
Re: Should My Wife File a Lawsuiute for Gender Discrimination
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Quoting
geek
Was the employee who saw your wife the same one you spoke to?
I think you (she, actually) just ran into a jerk. The problem was rectified when you spoke to the manager- something your wife should have done in the first place.
I only spoke to the manager after they had exchanged it. The exchanged it for me in less than 10 minutes without any argument.
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Dogmatique
I'm going to bet on two things.
1. You believe without question your wife's version of events
2. The truth will lie somewhere between her version and the other guy's version of what happened.
Your recourse is to protest with your wallet. Take your business elsewhere; crappy customer service results in loss of customers.
My wife's version of the story is really irrelevant. The plain fact is they denied her and did the same thing for me and the only fundamental difference is she's a woman.
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Taxing Matters
Although a lot of people think that federal law prohibits businesses from discriminating against customers on the basis of sex, the reality is that federal law contains no such prohibition. But Utah state law does. It allows a lawsuit for the actual damages suffered as a result of the discrimination. Note that the law generally does not recognize embarrassment, humiliation, hurt feelings, etc., as a form of damage that can be compensated in a lawsuit. Your wife certainly may sue for any financial loss suffered here. But that loss, to there is any, is going to be small. She’d likely want to do this in small claims court as the legal fees to pursue this in regular court would almost certainly exceed what she’d get in a judgment. Before trying that, though, I’d suggest she write the CEO of Verizon and explain what happened, how it made her feel, and that it was obvious that the difference was that she was a woman since the company easily exchanged the same phone for your but not for her and see if they will do anything to try to make this right. A company that values its image with the public will do something for this. The company very likely doesn’t want a public relations problem on claims that it treats women poorly.
Thank you, this is the most helpful explanation. iI had hoped this would be the type of civil rights case someone would take on and only charge if they won. It seems that the large companies like Verizon would prefer to settle quietly for something like that. Writing the cooperate office was already something I had considered doing, so it sound like this would be the most appropriate action.
Re: Should My Wife File a Lawsuiute for Gender Discrimination
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Shocka311
I only spoke to the manager after they had exchanged it. The exchanged it for me in less than 10 minutes without any argument.
Then why did you say
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So, later this afternoon I went to the store. I walked in and told them my wife's phone was having some problems and I needed to exchange it under the warranty. The guy asked me what it was doing, confirmed it and in no more than 10 minutes had my claim processed. No questions asked.
Iam furious that my wife was treated with such disrespect, clearly because she was a woman and they didn't think she knew any better to argue. By the way, the phone was not bent.
After I completed the transaction I asked to speak with the manager and explained that my wife had been turned away in tears earlier that day trying to exchange the same phone, with claims that it was bent. He examined it himself and agreed that it wasn't bent and that the employee was way out of line.
So you spoke to "a guy," then after the phone was exchanged, you asked to speak to the manager.
Was the guy the same one your wife spoke to earlier? That's all I was curious about.
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My wife's version of the story is really irrelevant.
Really? That's interesting. What else could you possibly have as evidence besides her version of things?
Re: Should My Wife File a Lawsuiute for Gender Discrimination
You have no proof it was because she is a woman. Honestly it sounds like the guy your wife talked to was being a lazy jerk. That is all. You got the phone fixed. You told the manager. The manager can brief all his employees about customer relations.
What more needs to be done?
Re: Should My Wife File a Lawsuiute for Gender Discrimination
There are many reasons, such as the employee your wife spoke with was incompetent and would have told ANY person the same thing. Just because you got a different answer (possibly from a different person) in no way makes this a slam dunk gender discrimination case. Your wife easily could have given a detail (that you didn't ) that could void the warranty. Just because you got the claim done doesn't mean that the original employee was wrong, just that the other employee decided to play the situation in your favor. You would have to prove a pattern of discrimination generally and one situation does not make a pattern.
Personally I have found cell phone insurance -- like many other types of insurance--- to not pay up on the first try. Sometimes it takes going up a level or two or speaking with someone else. Honestly it's common in the insurance industry and I suspect the employees might even be trained to first state it isn't covered. You sound like you have a better, longer term relationship with them, does she? Doesn't sound like it if she wanted you to go with her. I do have to agree that if you weren't there, you are only hearing her side of the story. Maybe she didn't ask the question the same way you did. Maybe they didn't take the time to look up her account and coverage. Doesn't mean they didn't do that because she was a woman!