Originally Posted by
JBord
UA changes seats on people all the time, men and women. That's not considered a denial of service, so I don't think that's the right way to look at it.
The question isn't whether UA changes seats, but
why UA changes seats. If it's done based on the gender of a passenger, that's discrimination on the basis of a protected class.
What I've gathered from the discussion in this thread is that the motivation makes a big difference. If you force someone to do something and the intent is motivated by gender, religion, etc., it's discrimination.
Correct.
But no one knows that unless you tell them that, or otherwise document it. If the GA had never explained the reason for the move, the woman would have still been upset, but not claiming discrimination.
Possibly. However, under the circumstances it would reasonable to drawn an inference of discrimination.
But moving someone from a seat for all kinds of other reasons is not a denial of service. Kicking someone off the plane or not providing them the class of service they paid for would fall under this category, but that didn't happen here.
This has nothing to do with denial of service, but with violation of the 1964 Civil Rights Act.
If the GA hadn't given a reason, this thread wouldn't exist.
You seem to be confusing conduct with proof of that conduct. Even if the GA said nothing, given the timing and garb of the two men, if the woman was moved and a man took her place, a reasonable inference would be that she was moved because of her gender.