Legal Question in Discrimination Law in Pennsylvania

Cheering discrimination

Basically I have been discrimated against because of myself being a smoker. I've been humiliated on my squad because of a coach unappropriatley told the varsity squad to try to catch me smoking to get me disqualified before nationals. To me that doeasn't seem right. there were other people on the squad that do that but they were trying to kick me off. But there are no rules that state that they can kick me off over that. So they tried other ways. They told me if i missed practice because of work i would be disqualified but two days after she told everyone that a girl went to a concert and nothing happened to her. Now to me that is discrimintation. I became a very unhappy person doing a thing i love to do. Plus I texted message the coach and asked her why she did that and she texted back and called me a ho. so please tell me if i have a case here at all against the school district or the coaches. I just need help figuring out what to do please help me.


Asked on 5/17/07, 2:22 pm

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Cheering discrimination

Smokers do not form a protected class for purposes of discrimination. HOWEVER, the text messages you speak of are troubling.

If this is a high school matter, your parents need to take this evidence to the school administration. If it college, you do it.

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Answered on 5/17/07, 9:45 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: Cheering discrimination

The vast majority of your complaint above is completely baseless. Discrimination is actionable when it is based upon protected classes such as race, national origin, ethicity, sex, etc. Smokers are not a class of people that Congress intended to protect against discrimination. In fact, you are probably right that you are being discriminated against because your coach likes smokers less than people who go to concerts, or whatever. But there is no remedy for that whatsoever. You have no case as to the discrimination.

As to the "ho", if you have a record of that, give our offices a call. That may be actionable.

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Answered on 5/17/07, 11:05 pm


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