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Old 07-10-2009
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O'Sullivan Bere O'Sullivan Bere is offline
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Member Since: Jun 2004
Location: Pennsylvania/Ireland
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Re: Can private clubs be sued for racial descrimination?

Quote:
Originally Posted by drgoodtrips View Post
Do you know how much this varies from state to state?

Growing up, I caddied at a country club that would only allow Jewish members. However, non-Jewish players were allowed to use the facilities as guests of the members, including such things as company outings when some member's company would rent the golf course for a day. Also, of course, non-Jewish staff was allowed to work there as well.

So, in that sense, the club didn't discriminate. That is, I remember plenty of occasions where Christian or black or Asian guests played the golf course. They just couldn't be members. Do you know where the member/guest distinction fits in regarding discrimination? The place most certainly had a liquor license and served alcoholic beverages (and thank God they did - at outings, there's nothing sweeter to a 16 year old getting done with a long loop than raiding the beer cart )
Each state has different laws on the subject reflecting their own policy decisions on the topic, so it's hard to say for certain where precise lines are drawn insofar as grey areas.

Still, it's fairly common for states to exempt religious and/or cultural clubs and allow them to get common perks. In PA, given the city, steel and coal history and the various ethnic and religious groups they attracted, it's very common to see social clubs along those lines. You'll see Polish, Italian, Byzantine, Irish, Russian, Ukrainian, Lithuanian, German, etc, clubs. Many of them have club rules keeping the membership in line of preserving the point of the clubs, but are generally not totally excluding of others. An example would be allowing guests and auxiliary memberships to people not of those ethnic groups but having rules permitting anyone of the ethnicity and of good character to join as full members so the point of the club is preserved. But the key is that they are benevolent in intentions and serve a purpose that the government likely finds understandable, worthwhile, useful and desirous. They perform ethnic social functions, charities, parades and parade floats, etc. They make good places for people to learn, enjoy and celebrate a shared culture, help out those from those groups who come to the US and/or send help back there if needed and/or do exchange programmes and otherwise speak of the ethnic groups' issues here and abroad, educate others about them in outreaches and functions, etc. Many statutes also exempt men and women's clubs provided they are also benevolent in character and have a socially acceptable purpose behind them (YMCA, YWCA, etc).

However, laws often seek to tailor such exemptions and granting of privileges to the benevolent aspects of such things and not for anything that isn't. For example, it might exempt a religious school or club for those aspects that are key to the group. If it's a Baptist Fellowship club, it makes sense that the club have enough structure to assure that Baptists run it and shape its character. But it very well might not grant exemptions and privileges if it excludes non-white Baptists out of bigotry.

On the subject of hiring employees and doing business with others, a common point of view in such laws is that if a club is going to hire people from outside the club to perform jobs and functions for it or transact any other kinds of business with outside people, then it cannot discriminate when doing so against any protected classes in the act.

These kinds of considerations are likely the case of what you saw with the Jewish golf club, especially regarding any law your state may have on the subject.
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Last edited by O'Sullivan Bere; 07-11-2009 at 01:32 PM.
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