Briefing

In 2006, Dr. Michael Cohen filed suit against the California Angels for claiming age and sex discrimination based on an Angels' Mother's Day promotion whereby all females 18 years of age and older attending the baseball game at Angeles Stadium received a free Angels tote bag. Recently, a California Court of Appeal affirmed the lower court's decision that the promotion did not improperly discriminate. The court held that the giving a free tote bag to female attendees 18 years old and over as part of Mother's Day promotional event at a baseball game did not constitute improper gender discrimination because the intent was merely to honor mothers on Mother's Day. The court reasoned that it is a biological fact that only women can be mothers and giving the totebags to adult females was a practical means of determining which attendees were mothers. However, the court did note that unreasonable, arbitrary, or invidious gender discrimination is prohibited by the California Unruh Civil Rights Act, and is present where an action emphasizes irrelevant differences between men and women or perpetuates any irrational stereotypes.

TIP: While reasonable eligibility restrictions to promotions based in viable public policy are likely to be found permissible, limiting eligibility for promotions based on age, sex, national origin, religion, or race can possibly be deemed in violation of the law and have resulted in class action lawsuits.