united-states business sex-discrimination civil-rights
Do sex specific apps violate any anti-discrimination law?
<p>Would a private business that only intends to serve one sex or another be in violation of anti-discrimination law? if so which one?</p>
<p>I can think of a handful of examples of businesses that cater to clients of one sex or another:</p>
<ul>
<li>Men's barbershops</li>
<li>Gynecologists</li>
<li>Women's Gyms</li>
<li>Single-sex sports clubs</li>
</ul>
<p>I assumed that these types of consumer discrimination would be illegal under <em>the Federal Civil Rights Act of 1964</em> but it doesn't include anything about sex</p>
<blockquote>
<p>no business serving the public, even if it's privately owned, can discriminate because of a customer's national origin, religion, color, or race.</p>
</blockquote>
<p>Understandably, there are employment protections against such discrimination but are there the same protections for consumers?</p>

<p>You are correct that the federal law does not prohibit sex discrimination in &quot;public accommodations&quot;, the category that includes your examples. State laws tend to be more restrictive, see for example Washington's <a href="https://apps.leg.wa.gov/rcw/default.aspx?cite=49.60.215" rel="nofollow noreferrer">RCW 49.60.215</a> which declares that</p>
<blockquote>
<p>It shall be an unfair practice for any person ... to commit an act
which ... results in any distinction ... except for conditions and
limitations established by law and applicable to all persons,
regardless of race, creed... sexual orientation, sex... PROVIDED, That
behavior or actions constituting a risk to property or other persons
can be grounds for refusal and shall not constitute an unfair
practice.</p>
</blockquote>
<p>The <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.040" rel="nofollow noreferrer">definitions</a> allow for a few exceptions as to what kind of place is so restricted, most notably a facility &quot;which is by its nature distinctly private&quot;, nor &quot;any educational facility, columbarium, crematory, mausoleum, or cemetery operated or maintained by a bona fide religious or sectarian institution&quot;. <a href="http://download.ihrsa.org/gr/womenonly.pdf" rel="nofollow noreferrer">Here is a paper</a> that summarizes the situation with women'-only clubs. For example, <a href="https://law.justia.com/codes/new-jersey/2018/title-10/chapter-1/section-10-1-3/" rel="nofollow noreferrer">New Jersey law</a> has the exception that</p>
<blockquote>
<p>nothing herein contained shall be construed to bar any place of public
accommodation which is in its nature reasonably restricted exclusively
to individuals of one sex, and which shall include but not be limited
to any summer camp, day camp or resort camp, bathhouse, dressing room,
swimming pool, gymnasium, comfort station, dispensary, clinic or
hospital, or school or educational institution which is restricted
exclusively to individuals of one sex...</p>
</blockquote>
<p>So it depends on the state, but most states prohibit any sex discrimination in public accommodations.</p>

<p>I suppose that a &quot;Men's barbershop&quot; will actually take clients of any gender as long as they have a beard. For example a woman with the bad luck to have lots of facial hair, or a transgender woman who has not transitioned and still has a beard (possible still with a male appearance).</p>
<p>If you fall into these groups and they don't accept you as a customer, you'd have the right to complain, with good chances of success.</p>
