On forcing someone to do business with certain types

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Should a business operarant be required to serve ever

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Post by Tdarcos » Mon Jan 16, 2017 12:41 pm

I think the whole idea of "protected class" was that it was considered wrong for a business to refuse to do business with someone on the basis of a condition which was (1) absolutely irrelevant to the transaction; and (2) a condition to which the other party has no control.

Let's also note that for a lot of places some much more "open minded" business people might not have cared about most of these conditions except discrimination by law was mandated in some states, e.g. "Jim Crow" laws to allow bigots to do so.

We can probably add to that (3) has the backing of enough other people or political support to get that particular class given protection.

Since back in the 1950s and 1960s the idea of non-heterosexual discrimination was either so minor an issue, was much more politically charged, or had not even become noticed that it never was raised. So, the protected classes were: (1) sex or gender, to require treating women and men equally absent a bona-fide reason. This is one of the things that eventually forced dry cleaners to charge the same price to launder a woman's blouse and a man's shirt since apparently there is no difference in the care or effort required. (2) race, color, or national origin, so that Negroes, Jews and Hispanics were not refused service. (3) religion, so Jews who aren't ethnically recognizable as such as well as Catholics or Muslims are not discriminated against merely because of their religion, or agnostics and atheists such as myself because of their lack of religion.

In 1990, (4) disability was added.

There are some forms of discrimination which are legal because there are reasons other than the discriminatory conduct in doing so. Some airlines charge obese customers extra if they use two seats. Some places will only deal with a customer from the same state (to force the transaction to be intrastate commerce) or only from another state (to ensure the transaction is interstate in nature). Some transactions may have a minimum or maximum age.

It basically came down to what forms of discrimination were considered unfair and had enough political support to enact laws to have it outlawed.
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Captain Ahab

Post by Captain Ahab » Mon Jan 16, 2017 12:56 pm

Tdarcos wrote:"protected class"...or agnostics and atheists such as myself because of their lack of religion...In 1990, (4) disability was added.
Nailed it.

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