Legal Question in Discrimination Law in West Virginia

female discrimination

Are there any legal rulings which would apply to a private golf country club which does accept female membership in the club mandating into their by-laws to having at least one female member on the board. The board I am referring to has nine (9) male board members - no females. The club membership is comprised of no less than 90% male membership holders with spousal golf priviliges only. A qualified female member, (approx. 55 years of age and a retired hospital Vice President did seek election to the board, however due to only the master membership holders which is the 90% comprisement of males she of course did not win a seat on the board as the majority of males voted against her. Sure hope I can get some input regarding any rulings or laws that perhaps might apply.

Thanks --


Asked on 4/30/99, 10:19 pm

1 Answer from Attorneys

Dymond Steven Steven H. Dymond P.C.

Re: female discrimination

While I offer no legal opinion on the facts, because they are limited, I would tell you there are many rulings regarding this issue. The vast majority uphold the right of private clubs to run in the manner they wish. You would have no legal rights regarding accesability to the CLub. This could change significantly if the Club were receiving public funds, were open to the public, etc. Soory to say that legal rights only apply to areas which substantially involve the public. Additional facts may help in the identification of other remedies.

As to the more specific issue regarding the mandatory inclusion of one female memebr on the Board, this is tricky. First, you must review the articles of incorporation and the Bylaws and all amendments. If these provide an unequivocal requirement that a female be on the Borad (without qualification of the approval of the character, qualifiactions, etc. by the electing members, then a member might be able to sue the Board for breach of duty, faliure to foolow the by-laws. etc.

I suggest that a letter to the Board from a lawyer might help, and that a claim of individual liability of the Board memebers will get thier attention. The problem is there is likely no demonstrable monetary or other loss. (Hint:review the minutes of the past meeting for anti-female decisions or pro-male bias. This in itself may not help as there is no evidence that females always vote pro female or vice versa. Furhter, this will be expensive, and having grown up in the counrty clus scene, will do little to foster friends, unless you orchestrate a popular support movement before you commence a threat or lawsuit. Good luck. You might want to start by contacting a local law school to have the issue researced for a nominal cost (beware the accuracy).

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Answered on 5/04/99, 12:21 pm


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