Nightclub fined S/. 370,000 for discriminating against transsexual

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The National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) imposed a S/370,000 fine on a popular nightclub at Larcomar in Miraflores for discriminating against a transgender woman.

Godfrey Arbulú, a make-up artist and transsexual dancer, said she was discriminated by Gotica Discoteca in April of last year when club security officers would not let her enter the establishment. The victim presented a video in which it is clear that club staff tells her “members only after seeing that her identification card indicated she was a man. Later, club security tells her that if she wants to enter, she must pay S/. 200– and amount well above the normal rate.

Arbulú used her media connections to appear on a number of television shows and radio programs to denounce the nightclub. Once Indecopi got word of the incident, they began an investigation.

Eventually, the authorities determined that Gotica had infringed on Arbulú’s rights under the Defense of Consumer Code. Indecopi made the decision to fine the nightclub the equivalent of 100 tributary tax units (UIT), or about S/. 370,000.

On top of that, the nightclub must also apologize to the victim, train its staff not to re-engage in discriminatory treatment of clients and display an anti-discrimination message on their website and store front for the next 6 months, according to a statement from Indecopi.

The message on their webpage web page and a visible sign in the entrance to the premises reads: Gotica Entertainment S.A. informs the public that all discriminatory practices to consumers for any reason, including unjustified distinctions by origin, race, sex, language, religion, opinion, economic status, sexual preference or any other reason are prohibited.

In addition to the administrative penalty, the nightclub must repay Arbulú an undisclosed amount. Gotica is appealing the decision.

Gotica must also apologize to the victim and train its staff not to re-engage in discriminatory treatment

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