Public accommodations
Within U.S. law, public accommodations are generally defined as entities, both public and private, that are used by the public. Examples include retail stores, rental establishments and service establishments, as well as educational institutions, recreational facilities and service centers. Private clubs and religious institutions were exempt. However, in 1984, the United States Supreme Court declared the previously all-male Junior Chamber International, a chamber of Commerce organization for persons between the ages of eighteen and thirty-six, to be a public accommodation, which compelled the admission of women into the ranks.[1]
Under United States federal law, public accommodations must be handicap-accessible and must not discriminate on the basis of race, color, religion, or national origin.[2][3] The US states, in various non-uniform laws, also provide for non-discrimination in public accommodation.
Federal law
Within the United States, federal legislation dealing with public accommodations include:
State laws
Many states and their subdivisions prohibited discrimination in places of public accommodation prior to the enactement of the Civil Rights Act of 1964 (Title II).[4][5] As of 2015, fortyfive of the fifty US states have an anti-discrimination public accommodation law for nondisabled individuals.[6] These laws all protect against discrimination based upon race, gender, ethnicity and religion.[6] Nineteen states prohibit discrimination in public accommodation based upon age.[6]
Several states also have protections for breastfeeding in public.[7] In addition several states provide for non-discrimination in public accommodation when based upon sexual orientation and/or gender identity.[8]
See also
- Anti-discrimination law
- Discrimination
- List of cities and counties in the United States offering an LGBT non-discrimination ordinance
Notes and references
- ↑ "Jaycees Vote to Admit Women to Membership". The New York Times. August 17, 1984. Retrieved January 20, 2015.
- ↑ The ADA: Questions and Answers, The U.S. Equal Employment Opportunity Commission, Jan 17, 1997, retrieved Jul 23, 2012
- ↑ The Civil Rights Act of 1964: Title II - Public Accommodation, retrieved Jul 23, 2012
- ↑ For a list of states and localities that had anti-discrimination public accommodation legislation at the time, see Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, page 259 note 8 (1964) (listing statutes) and Bell v. Maryland, 378 U.S. 226, pages 284–285 (1964) (listing states and localities).
- ↑ Lerman, Lisa G. and Sanderson, Annette K. (1978). "Comment, Discrimination in Access to Public Places: A Survey of State and Federal Public Accommodations Laws". New York University Review of Law and Social Change 7: 215–311. Archived from the original on 2 April 2015.
- ↑ 6.0 6.1 6.2 Alabama, Georgia, Mississippi, North Carolina and Texas do not have such laws. "State Public Accommodation Laws". National Conference of State Legislatures.
- ↑ Breastfeeding Laws, National Conference of State Legislatures, May 2011, retrieved April 4, 2013
- ↑ Chapman, Kelly Catherine (2012). "Gay Rights, the Bible, and Public Accommodations: An Empirical Approach to Religious Exemptions for Holdout States". Georgetown Law Journal 100 (5): 1783–1827. Archived from the original on 2 April 2015.
Further reading
- Cortner, Richard C. (2001). Civil Rights and Public Accommodations: The Heart of Atlanta Motel and McClung Cases. Lawrence, Kansas: University Press of Kansas. ISBN 978-0-7006-1077-8.
- Carothers, Leslie A. (1968). The Public Accommodations Law of 1964: Arguments, Issues and Attitudes in a Legal Debate. Northampton, Massachusetts: Smith College. OCLC 160269.
- Mook, Jonathan R. (2009). ADA Amendments Act of 2008 and its impact on public accommodations and commercial facilities. Newark, New Jersey: Matthew Bender (Lexis-Nexis). OCLC 428087829.
- Office on the Americans with Disabilities Act, United States Department of Justice. The Americans with Disabilities Act Title III technical assistance manual. Washington, D.C.: United States Government.