Ladies’ Night Differential Pricing
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Ladies’ Night Differential Pricing
Introduction
Gender-based price discrimination is illegal regardless of the motivation or severity since it violates public accommodation rights stipulated in the constitution. It results in the exclusion of persons as well as unequal treatment based distinctly on sex. The law prohibits discrimination on the basis of sex in public accommodations. All persons are equal and, regardless of their sex, should be entitled to equal and full privileges, services, facilities, advantages, and accommodations in all business establishments. Therefore, it is discriminatory to offer half-price drinks for women and no similar offers for men. Gender-based pricing violates the Human Rights Act by denying men the right to equal and full enjoyment of the services and privileges offered in the establishment. Although economic interests could have motivated the differential price on ladies’ night, the anti-discriminatory law does not require discriminatory intent, but evidence of discrimination and hence such promotion is illegal under these provisions. The discriminative practice causes stigma, and thus the male customers are stigmatized based on their gender. By charging men more, the business indirectly expresses that men are less welcome than women and portrays the former as inferior by treating them as second-class citizens. On the other hand, the argument that differential pricing encourages men and women to socialize is insufficient to warrant an exception to such severe discriminatory practices. Newton (2011) contends that allowing the exception of gender-based price discrimination from other discriminatory practices would demonstrate the country’s willingness to accommodate minor exceptions of sexual discrimination laws ignoring the serious harms resulting from such