posted on Jul, 31 2012 @ 11:01 AM
reply to post by OmegaLogos
Recent Discrimination Lawsuits.
You'll find sex/gender, but you won't find sexuality in any of those lawsuits.
Because sexuality is not protected under These Guidelines
, which are mainly for employers, not
for consumers, but the consumer guidelines are even less strict!
Have you ever heard of "ladie's night" at a bar? Even price discrimination for a protected class like gender is completely acceptable. A business
can charge a man a higher price than a woman for the same item.... legally.
By its nature, marketing depends on being able to discriminate between different groups of people. Indeed, the underlying philosophy is that all
consumers are not the same and the they can be profitably segmented into markets based on demographic and behavioral dimensions. Studies have shown,
for example, that gender, age and ethnicity and important segmentation variables. Indeed, there has been a rise in ethnic, generational or cohort
(age), and gender marketing. Because such strategies actually benefit these groups, discrimination (in this sense) is perfectly acceptable.
While discrimination in employment has been the focus of attention for many years, however, little can be found in the marketing literature about
negative stereotyping and discrimination. Some marketing research has uncovered erroneous stereotyping. For example, recent research has shown that
women now account for 40% of all cars buyers and men for 40% of food shopping dollars. By stereotyping consumers, marketers can miss out on increased
sales. Stereotyping in this sense would have bottom-line implications.
Increasingly, marketers are being accused of perpetuating negative stereotypes especially in advertising and corporate visual identity (corporate
logos). The use of negative stereotypes often results in negative publicity for the firm. Negative publicity often has bottom-line implications as
One particular area of concern to marketers is the problematic areas of "public accommodation" and "price discrimination". Price discrimination
occurs often and is generally part of pricing or promotion strategies. Women, for example, pay more for dry cleaning, shoes and apparel, and haircuts
than men. Several years ago Victoria's Secret even sent catalogs to both men and women, but the catalogs targeting men had lower prices. Furthermore,
in a 1990 study, the author showed that white males were systematically offered new cars at lower prices than were blacks and females. Movie theaters
and restaurants also often offer discounts and/or lower prices to children, students, and retirees. Bars frequently have "ladies night" with reduced
or free cover charges for women. The rationale for such practice is that certain groups are willing to pay more.
When consumers have sued businesses they have done so under State and Federal civil-rights laws. The laws apply where a member of a protected class,
otherwise fit and able to pay, has been refused admission or service in a place of public accommodation. The refusal to receive or serve the victim,
and the victim's subsequent humiliation and mental distress, are the wrongs that the law intends to address. When Denny's employees failed to serve
African-Americans, it was sued under Civil Rights.
In other cases, it is not so clear. In a 1985 California case, for example, beverage discounts during ladies nights in bars and taverns was held to
violate state laws concerning public accommodation (only Washington State approves of this practice). To date, no cases of age-based price
discrimination has been challenged
The Protected Classes
currently are: race, color, religion, national origin, age (40 and
over), sex/gender, familial status, disability, veteran, or genetic information. BUT, some of those like age, and disability, are further restricted.
You obviously can't work on scaffolding if you are in a wheel chair, and it is perfectly acceptable to give preference to a 50 year old over an
equally qualified 18 year old, you just can't do the opposite of that.
Gay people cannot win a discrimination lawsuit....... yet. It is probably on the horizon though.