Positive discrimination in businesses
Hello Rabbi,
Recently, a case was published about a restaurant owner who gave free drinks to a table of women, and when another table of men also asked for free drinks, they were refused. The men sued the owner and won, the judge ruled in their favor and awarded them monetary compensation. Israeli law states:
Anyone engaged in providing a public product or service or operating a public place shall not discriminate in providing the public product or service, in providing entry to the public place, or in providing a service in the public place, on the basis of race, religion or religious group, nationality, country of origin, gender , sexual orientation, outlook, party affiliation, age, personal status, parenthood, or wearing the uniform of the security and rescue forces or their symbols.
Apparently, according to the law, the men are right. On the other hand, the discrimination itself does not feel like wrongful discrimination. What do you think of the ruling?
In addition, is a discount for soldiers in uniform at a restaurant also considered illegal discrimination under this?
Best regards,
Sounds crazy to me. He wants to patronize them or flatter them or start a fight with them. His right. This is not discriminatory service provision because it is not service provision at all.
[Oren, regarding the discount for soldiers, from the language of the law it can be said that 'discrimination' is 'adverse discrimination' and not any difference, and according to this it is forbidden to discriminate against those wearing uniforms, it is not forbidden to discriminate against those not wearing uniforms (and they are judged by race, religion, gender, etc.), and in the restaurant case the men were discriminated against on the basis of gender]
What about the common practice in clubs where women are admitted for free and men are admitted for a fee? The logic behind the practice is to attract more girls to the club, thereby attracting more men who are looking for clubs with lots of girls. Is this an inappropriate practice?
It's closer, and it still seems legitimate to me. Like letting someone in to do an advertisement (for celebrities, for example). As long as the consideration is my business, it's not discrimination.
What is discrimination that is not based on merit?! And if the club owner likes the color black, because it reminds him of nostalgia, and chooses to let them in at half price, what is offensive or bad about that?
There are borderline cases, but decisions have to be made. When it comes to personal taste, it's probably not a sufficiently substantive reason. When there's an economic consideration, or when it's about harm rather than preference (as in the questioner's case), then you have to be stricter.
Speaking of economic considerations, sometimes there are club owners who refrain from admitting people from Eastern communities or Ethiopians, for example, for fear that the club will be perceived as a low-level club and its revenues will decrease.
Well, what's the problem with that? If it's really a reasonable fear that revenue will drop, what's wrong with that? It's sad that this is the case, but the consideration is completely rational.
This does sound problematic, but it is possible that if it turns out that this is indeed a consideration of the real situation (and not just an excuse) it can be recognized as legitimate. As Haim wrote.
But note that it is possible that in certain situations the state intervenes and does not allow such a consideration even if it is legitimate in principle, in order to change the situation by force. This is also legitimate sometimes.
And why is there discrimination in admission to the court? Why is Grandma Rachel, who has a degree in knitting and culinary sciences, not allowed to be a judge?
R’ Poisek Ay’ Bashot Rashb”a Alef Titaka and Tashbetz there and in the pride of the Gra there on the Tosefta in the name of Grandma Rachel and Z”l and what the last posek said requires a great study and may it enlighten my eyes, I saw again that in the light of the arm of the Lord, he was surprised that that grandma was not accepted into the court and perhaps that is why they omitted the Rif Ay”sh.
Leave a Reply
Please login or Register to submit your answer
