After reviewing Austin's municipal code, Stacy Hawkins — an associate professor of law at Rutgers University who specializes in employment law, civil rights and diversity — told The Post that the theater's management finds itself in an increasingly common position.
As public and private sector organizations look for opportunities to celebrate diversity and embrace historically disadvantaged groups, they run the risk of violating laws that were designed to respond to overtly racist, exclusionary practices. Hawkins said anti-discrimination law is increasingly being used to attack diversity efforts through allegations of ”reverse discrimination."
Women-only movie screenings, Hawkins said, are not the same as ”old boys" clubs that excluded minorities and women. Intent matters, Hawkins said, but the law is not nuanced enough to distinguish between malicious and benign intent.
”This new focus on diversity and inclusion is not really accounted for by the laws of civil rights and discrimination," Hawkins said. ”Law is not calibrated for our new political paradigm of diversity and inclusion.
”As far as public accommodations are concerned, I can tell you in no uncertain terms that the reason this case was filed under the Austin city code is that it prohibits discrimination on the basis of sex."
But Hawkins said she remains unconvinced that the women-only screenings violate male employees' rights. In order for a cause of action under Title VII of the Civil Rights Act of 1964, a male employee would have to show a ”material action," such as losing a job or suffering the loss of pay. As long as male employees are assigned to other screenings in the theater, they aren't losing their jobs, hours or pay, Hawkins said.
