Legal Question in Construction Law in California

What are the laws as to discriminating against gender in disco clubs?

Im curious to know, whether in a disco dance club, can a club discriminate against gender, for example...''women free before 10:30?'' Would that be considered a violation of the equal protection clause because males would not be be free, but woman are?


Asked on 1/06/05, 5:00 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What are the laws as to discriminating against gender in disco clubs?

Your question should probably be asked under some heading other than "Construction Law," which deals with things such as owner-contractor disputes, construction defects and the like.

However, here's a quick try at an answer:

The practice of offering "Ladies' Day" discounts, reduced "happy hour" drink prices for women, etc. seems to be banned by the so-called "Gender Tax Repeal Act of 1995," a California state law codified at Civil Code section 51.6. Subsection 51.6(b) provides "No business establishment of any kind whatsoever may discriminate, with respect to the price charged for services of similar or like kind, against a person because of the person's gender."

The law references Civil Code section 52 for applicable damages for violation; the minimum is $4,000 plus attorney's fees.

I could only find two reported cases applying this law, and neither completely answers the question as to whether and how the courts would apply the law to the facts you describe, but my guess is that the disco is violating the law and could be subject to $4,000 or more in damages per person discriminated against.

I don't think it's a violation of the equal protection clause, however; "equal protection" in this context refers to the force and effect of laws, not private conduct.

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Answered on 1/06/05, 6:31 pm


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