Posted in Uncategorized
By: Tony Liu, Founder and Principal Business Trial Attorney
In Summary:
Hosting a “Ladies’ Night” might seem like harmless fun, or a clever way to draw a crowd. But in California, promotions that treat one gender more favorably than another could violate the Unruh Civil Rights Act. This article explores the legal risks of gender-based discounts, real-world lawsuits, and safer ways to promote your business—without stepping into a legal minefield.
A Free Cocktail, A Pricey Lawsuit?
“Ladies drink free.” It’s a phrase splashed across countless bar promotions—but in California, that simple idea might cost your business more than a round of drinks. It might cost you a lawsuit.
Gender-based marketing may feel harmless, or even empowering, but state law says otherwise. This article breaks down what California law says, how it’s been enforced, and what you should be doing instead.
The Law Behind the Lawsuit: What the Unruh Act Says
The Unruh Civil Rights Act (California Civil Code § 51) ensures that all people in California have equal access to services at business establishments—regardless of sex, race, religion, or other protected characteristics.
“All persons within the jurisdiction of this state are free and equal, and no matter what their sex… are entitled to the full and equal accommodations… in all business establishments.”
This means that even positive discrimination (i.e., favoring one group) is prohibited when it excludes others based on protected traits. Gender-based perks like:
- Free entry for women
- Discounted drinks for a specific gender
- Ladies-only seating or lounge access
…could land your business in legal trouble.
Real Cases, Real Consequences
Koire v. Metro Car Wash (1985)
This landmark California Supreme Court case involved a male customer who sued over “Ladies’ Day” discounts. The Court ruled in his favor, stating that gender-based promotions are discriminatory, regardless of their popularity or intent.
Read the full court opinion: Koire v. Metro Car Wash (1985)
Beyond Bars: Who Else Is at Risk?
It’s not just nightlife. Other industries have faced similar lawsuits:
- Hair salons offering “Ladies’ Day” discounts
- Gyms offering free child care for moms, but not dads
- Restaurants advertising gender-based meal deals
In each instance, gender-specific pricing or benefits opens the door to potential litigation.
“But It’s Just a Marketing Tactic!”—Why That Argument Fails
Many business owners argue that they’re simply using these promotions to attract customers—not to exclude anyone.
But the courts don’t see it that way. The law looks at effect, not intent. Even if the discount benefits women, it still excludes men, and that exclusion violates the Unruh Act.
Good intentions don’t override equal treatment.
And here’s the kicker: emotional harm is enough to bring a lawsuit. A plaintiff doesn’t need to show monetary damage, just the feeling of unequal treatment can be enough.
Legal Alternatives That Still Work
So how can you drive traffic to your business without opening yourself to lawsuits?
Try these legally safe and effective alternatives:
- Time-Based Discounts – “Happy Hour” or “Late Night Deals” available to all customers.
- Theme Nights – “Taco Tuesday,” “Throwback Thursday,” or “Karaoke Night” that don’t discriminate by gender.
- Group Deals – “Parties of 4 or more get a free appetizer.”
- Loyalty Programs – Create perks based on membership or behavior, not identity.
- Contests & Giveaways – Run promotions based on social media engagement or other neutral factors.
Ask yourself: Would this offer apply to everyone regardless of sex, age, race, etc.? If the answer is no, it’s time to revise it.
Action Steps for California Business Owners
Here’s how to stay protected:
- Review your current marketing promotions—both in-person and online.
- Eliminate any gender-based pricing or perks.
- Train your team to understand anti-discrimination laws and apply promotions equally.
- When in doubt, consult a business attorney who understands California’s civil rights laws.
Frequently Asked Questions:
1. What is the Unruh Civil Rights Act?
It’s a California law that guarantees all people equal treatment in business establishments, prohibiting discrimination based on sex, race, religion, and other protected categories.
2. Can I still host a “Ladies’ Night” if I offer something to men too?
Possibly—but only if the benefits are equal in value and availability. The safest route is to avoid gender-based pricing altogether.
3. Can I be sued for emotional harm under the Unruh Act?
Yes. Plaintiffs don’t need to show financial damage. A sense of unequal treatment or emotional offense can be enough.
4. Are “Ladies’ Nights” illegal in other states?
It depends. Each state has its own anti-discrimination laws. Some are stricter than others, but California’s Unruh Act is one of the broadest and most enforceable.
5. How can I market creatively without violating discrimination laws?
Focus on promotions tied to time, behavior (e.g., loyalty programs), or general themes that apply equally to all customers.
Don’t Let a Clever Promotion Lead to a Costly Mistake
“Ladies’ Night” might fill your bar tonight—but it could empty your bank account tomorrow.
The law doesn’t care how popular or well-meaning your promotion is. If it discriminates, even in favor of a protected group, it’s a liability.
At Focus Law, we help business owners navigate California’s complex legal terrain so they can grow without stepping into legal quicksand. If you’re unsure about your current promotions or upcoming campaigns, we’re here to help.
Schedule a consultation today and make sure your next big idea doesn’t come with a court summons.
