You are spending a Saturday with your sister at your local mall doing some shopping. Due to your disability, you use a wheelchair that keeps you in a reclined position. While at the mall you decide to get your hair cut. You and your sister go to the salon and make an appointment for you later that afternoon. When you return at the specified time for your appointment, your assigned stylist looks very uncomfortable when he sees you and shakes his head. He says he cannot cut your hair because of your reclining position in the wheelchair. He says he is afraid that he will hurt you. You are confused by his refusal and tell him that you have never had difficulty getting a haircut before. You mention that they knew you were in a wheelchair when you made the appointment a few hours before and did not mention that it was an issue or ask how they could accommodate your disability at that time. He continues to refuse to cut your hair. The manager tries to find another stylist but because it is a busy Saturday, all the other stylists are busy. You are feeling upset and embarrassed and leave the salon and go to another salon in the mall where they give you a haircut.
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Yes, you are experiencing discrimination under the Code. When you made the appointment at the salon, the staff knew that you were in a wheelchair that kept you in a reclining position. When you arrived for your appointment and were refused by the stylist, there was no effort to discuss accommodations. Since you have never had an issue with a stylist cutting your hair safely previously, and that you were able to have your hair cut later at another salon in the mall, it is clear that there was no safety issue. By refusing to cut your hair, the stylist discriminated against you based your disability which is a protected characteristic under the Code.
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