Arborbridge wrote:Lootman wrote:For discrimination to reach the level of a crime it has to fall into one of the documented specific categories and has to form part of a systematic pattern.
and has to form part of a systematic pattern.I doubt that - are you sure?
I would expect individual cases or "one offs" would be presecutable and you wouldn't have to prove that event part of a systematic pattern. Trying to prove or dispute a "systematic pattern" would make such a law impossible to prosecute except in the very worst cases. I can imagine the legal arguments dragging on for years.
I once had call to seek advice on this topic, back in my landlording days when a tenant applicant had threatened me with a discrimination lawsuit after I rejected them in favour of another applicant. I was never really worried about it as I had received a number of qualified applicants and so I was under no obligation to choose the one who happened to be disabled. But I sought advice anyway for peace of mind.
My solicitor told me that such cases are harder to win if it was an isolated incident, rather than a consistent pattern. So if I had 100 tenants and none were (say) Asian, in an area that was 20% Asian, then there is a case. But that doesn't mean that I have to make a special effort to ensure that exact percentage.
In the event the jilted applicant did not proceed, presumably because they received similar advice. So on this topic I think there is only a potential legal issue if the photographer consistently did this. And again he did not exclude any group or individual. He merely offered a choice of images, presumably because he felt that there was a commercial demand for that, or had been advised to do that by others.