A women-only social club is being investigated by the New York Commission on Human Rights. It’s almost certainly illegal.
The Wing is a women-only social club and workspace in New York and Washington, D.C. One of its founders worked for Hillary Clinton’s presidential campaign, and its in-house magazine, No Man’s Land, once featured a trans woman named Hari Nef on the cover. Members say it empowers them, allows them to work without the specter of sexual harassment that lurks around so many corners, and provides them with a valuable social network. It is “not for everybody in the whole world,” one of its members told Jezebel, “but for a specific slice of it” whose members share “certain community values.” Score one for free association.
Except the Wing, precisely because it is a women-only social club and workspace, appears to be in plain violation of New York’s public-accommodations law. Jezebel’s J.K. Trotter has the story. It is illegal in New York, as it is across the country, for businesses that provide public accommodations to “deny” the “full and equal enjoyment” of those accommodations to someone because of his gender (or race, creed, sexuality, etc.). There are exceptions: Groups that have fewer than 400 members and meet certain criteria can qualify as “distinctly private” clubs, which are permitted to discriminate. Meanwhile, larger businesses can apply for exemptions in the “bona fide interests of public policy,” though only three such exemptions have been granted in the last ten years. The Wing has more than 1,500 members, and has not applied for an exemption. Therefore, Trotter reports, it is under investigation by the New York Commission on Human Rights. A civil-rights litigator tells him the group is “likely illegal.”
The possibility that a trendy social club espousing progressive values and contributing to female empowerment is illegal has led to some wishcasting. Law professor Melissa Murray tells Trotter that the investigation is “patently absurd,” and finds the notion that anti-discrimination laws might apply to women’s groups “ludicrous.” Because the mayor of New York is Bill de Blasio, perhaps the Wing will survive: A city spokesman tells New York magazine that the mayor “is fully supportive of the Wing’s mission.” But whether or not New York files suit, it should not be particularly controversial to assert that a business that both furnishes public accommodations and discriminates on the basis of gender might be on the wrong side of an anti-discrimination statute.