Legal Question in Discrimination Law in Pennsylvania

Re: Defamation

You asked about either defamation or discrimination.

You state that you were called "fags" at a restaurant. The term is colloquial with an accepted meaning as a reference to male homosexuals. If you actually are homosexual then the term isn't defamatory. It is a common term used to describe people of the persuasion, and though mildly irritating when used derisively it is not, in itself, pejorative.

If you aren't homosexual then the term could be defamatory but it still probably isn't actionable as the statement was likely made as an insult and not as a statement in a manner that other persons would believe she was declaring you to be so. No different that if she had called you a**holes. No one within earshot would have any reason to think that you actually were sphincters with human characteristics.

Either way, you were within your right to complain, and in fact probably should have walked out on the meal, and bill, right then and there. You should not patronize that establishment and should direct friends and family not to do business there.

But legally, you have no claim.

Regards,

Roger