Sex Discrimination and Private Clubs

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What Is Sexual Discrimination?

Sexual discrimination is the intentional or unintentional acts which have the effect of excluding one sex to the benefits or opportunities of the other sex.

How Can a Person Sue a Private Club for Sexual Discrimination?

Sexual discrimination lawsuits are generally brought under a federal or state anti-discrimination statute, like Title VII of the Civil Rights Act of 1963 or the Equal Pay Act. They can either be initiated in an administrative law setting, or directly in a judicial venue.  

In order to be successful in a lawsuit against a private club for sexual discrimination, a person must prove:

  1. Sex or gender is a protected class or category in the applicable anti-discrimination statute
  2. A private club restricted their access solely on the basis of their sex or gender
  3. They suffered some form of damages
  4. The private club is not exempt from liability

Are There Any Defenses?

If a person sues a private club for sexual discrimination, there are multiple defenses available. Some of them include:

What Other Factors Will a Court Look At?

Sometimes it is not easy to anticipate if a lawsuit against a private club for sex discrimination will be successful because a court will look at a wide range of additional factors. Such factors can include:

What Can a Person Who Sues a Private Club for Sexual Discrimination Recover?

Generally, a person who successfully sues a private club for sexual discrimination can recover some or all of the following:

Do I Need an Attorney?

If you think you have been discriminated against by a private club based on your sex or gender, or you are associated with a private club and are being sued for sexual harassment, it is highly recommended for you to find an attorney because of the severity of the issues. Only an attorney will be able to guide you through the process and help to defend your rights.

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Last Modified: 04-18-2014 12:51 PM PDT

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