Legal Question in Discrimination Law in Pennsylvania

Re: Cheerleading discrimination

No, as to both questions.

Re: Cheerleading discrimination

You asked about potential discrimination.

Discrimination is very common. Everyone does it every day. Would you rather have a male or female gynecologist? Discrimination is merely making a choice.

The question is whether discrimination is unlawful. Discrimination is unlawful where it is improperly the basis of a decision based on an individual's participation in a protected class (e.g. gender, race, ethnicity, religion, disability, politrical persuasion and even sometimes sexual preference.)

When does discrimination become unlawful? When it is improper. You, as an individual may discriminate against a person for any of those reasons, such as if you didn't want a male gynecologist. But an employer generally could not discriminate on that (or any) basis unless there were a legitimate business purpose for doing so.

Now the question you seek is whether the coach may discriminate against you. Why do you think you are being discriminated against? If it based on smoking then you lose because that is not a protected class. If it is because you are a blonde and the coach hates blondes then you could be protected.

So, if it simply that the coach is trying to say that smokers are not allowed, then you lose. If you smoke you may legally be discriminated against for that reason. If the coach is discriminating against you for another, protected, reason by using smoking then that may be unlawful discrimination.

Regards,

Roger

P.S. - Given todays environment against smoking, the cost of cigarettes and the demands placed on you by your coach why the hell are you even interested in smoking?