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I own my own catering business and work in a private school providing a hot lunch program. I have a discrimination question.

Asked over 2 years ago - Houston, TX

I am negotiating a contract and it states "my catering business is specifically prohibited from use of kitchen for any other purpose, including catering of in-school class parties and similar events."

I've been catering to this school for 2 years and have done in school class parties with no problems. The school parents have the option to have me do it, or have it come from another source such as a pizza place or mexican restaurant.

My contract states that I'm in the school kitchen from 8am-1pm providing lunches. Why can't I continue to do these parties? Isn't this discriminating against my company if you allow other companies to come in ?

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Attorney answers (2)

David C. Garner

Reputation Level 15

Answered over 2 years ago. Employment / Labor Attorney in Gridley, CA.

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How would that be discrimination?

Perhaps they don't want the liability of having their lunch provider also do parties. Perhaps they want to spread the contracting around a little. Perhaps they want to put the burden and cost on the parents.

A person or entity may discriminate as long as it is not prohibited discrimination. Restricting your use of their kitchen to the functions they wish you to provide is perfectly legal.

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Jonathan H Levy

Reputation Level 19

Answered over 2 years ago. International Law Attorney in Washington, DC.

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If they are allowing other caterers to come in and use the kitchen but keeping you from using the kitchen, you have a negotiating point. It is not discrimination, I'd use the term "unfair competition," in that your competitiors get to use the kitchen and you do not. Perhaps the school has a valid explanation, you should ask them to alter the contract or explain why not.

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