The Pros And Cons Of Discrimination

legal issue

Discrimination

Act of treating some people different from and less favourably than others.

Landmark decision = Ruling by a judge that sets an important precedent, turning point in the interpretation of law.

Civil Rights Act of 1964 – federal jurisdiction

Covers certain protected clases and covered establishments.

Civil rights are personal rights from constitution.

Discrimination in places of public accommodation based on race, colour, religion and national origin (language discrimination)
If the customer is refused service for other reasons then it doesn’t violate Act.

The Act applies in the following places:

-lodging establishments for transients (except b&b with 5 or fewer rooms and owner lives there)
- dining facilities – places which sell food but don’t have on premise facilities to eat it aren’t covered by the Act.
-places of entertainment and
- gasoline stations.

The facility must be engaged in interstate commerce: business between people and companies between states e.g. a hotel receives tourists and a restaurant accepts international customers or sells food in other states. Theaters show movies from different states or countries.

One single act already violates the law.

REMEDIES 1. Injunctive relief: NON MONETARY. E.g. Court order that requires defendant to refrain from doing an act. STOP DISCRIMINATING. 2. Reasonable attorney’s fees charged –you get other side to payyou’re your attorney’s fees.

Broad Enforcement through the Unitary Rule

If a facility which is covered by the Act is located within a facility which isn’t covered by the Act or viceversa; then BOTH are covered.

Exemptions:

-Bed-and-breakfast: “Mrs. Murphy’s Boarding House”.
-Private Clubs: not open to public only through affiliation. If public then it is covered.
(Private clubs are not covered but they must have selective admission requirements.)

What is actionable?
-places of public accommodation
-only guaranteed to enter a facility and receive service. Bad service is not covered.

Remember: Even individuals in protected classes have to follow the rules.

Extending Civil Rights Protection

1. State Civil Rights Laws Every state has one. It covers other businesses such as bars, clinics or schools not involved in interstate commerce. Also includes marital status and disability or sexual orientation. Remedies can also include fines or jail.

2. The Americans with Disabilities Act Eliminate discrimination and provide standards of how it should be done and auxiliary aids. Types of lawsuit: -Private: by disabled person -Brought by the Department of Justice (Attorney General) when there is a repetition of discrimination or it is of importance to general public.

An individual with a qualifying disability is entitled to a reasonable ( doesn't add any other costs) accommodation. Can be enforced via private suit or by the Department of Justice ( reform theaters so that they don't have to see movie from first row). Its not good just to allow entrance

3. Age discrimination is not protected by Act 4. Gender discrimination not protected by Act but all states have statutes prohibiting gender discr.

Rights of Proprietors

1. Remove a Disorderly Person 2. May establish reasonable rules even though people are treated differently as long it is not illegal. 3. Retaliatory Exclusion: Not accepting a person after suing you. 4. Ejection of Objectionable Persons and Trespass: trying to go in when you are not allowed = criminal trespass.

Contracts

Contract formation issues are evaluated in light of the view of a reasonable objective person.

Elements:
--Capacity (of age and sound mind)
--0ffer (must be reasonable i.e. 5 not 5 million dollars)
Must be capable of acceptance.
Acceptance which does not match offer is a counteroffer.

If there is an offer by A but the other person

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