I noticed that a French nightclub in Nice (France) sold products at different prices according to the sex of the customers and according to their clothes, indeed women paid less for nightclub's ticket and those who wore short skirts paid less for drinks.

Is it possible to do that ? It seems like be price discrimination to me.

  • 1
    What about men that wore skirts? – Gregory Currie Jul 20 '20 at 14:52
  • 2
    Men who wore short skirts paid less for drinks. – Taeith Jul 20 '20 at 15:02

You cannot sell the same goods or services at different price points based on gender in the EU

Council directive 2004/113/EC required members to implement local laws to "prohibit discrimination based on sex in the access to and supply of goods and services" and it "should apply to both direct discrimination and indirect discrimination."

The example you cite would appear to be both direct (tickets) and indirect (skirts) discrimination.

  • But in comments op said, the indirect one on skirts also applied to men in skirts, so would also apply to men in kilt. So it doesn't discriminate sex but clothing. – Trish Jul 22 '20 at 11:42
  • It discriminate sex for prices of tickets and discriminate clothing for prices of drinks. – Taeith Jul 22 '20 at 17:09
  • 2
    @Trish That's not the end of analysis, a plaintiff could argue that societal norms and availability of skirt sizes has the actual effect of being discriminatory even if it isn't directly discriminatory, thus the "indirect" qualifier. Consider instead if a restaurant required all its waiters to wear skirts. – IllusiveBrian Jul 22 '20 at 17:37

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