eHarmony Attempt To Dismiss Class Action Fails

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California Superior Court Judge Ann Jones rejected eHarmony's attempt to dismiss a class action which deals with discrimination against gays. The jury trial is set to start February 1, 2010 and will take place in the Superior Court in Los Angeles. The Judge found that eHarmony had not presented any law that allowed the company to refuse to serve gays and lesbians at their main eHarmony dating site. The lead plaintiff in the class action is graduate student Nate Cardin. He attempted to use eHarmony in 2006 and when he could not and asked why, he received a form letter explaining that eHarmony is only for heterosexual relationships. Nate filed a class action in 2007 and is represented by the civil rights law firm of Schneider Wallace Cottrell Brayton Konecky LLP and the Law Offices of Jeremy Pasternak.

eHarmony did recently disclose that they had received over 3,000 email complaints from people who had visited eHarmony to find a relationship with someone of the same sex but was denied service. Previously eHarmony had made a deal with the New Jersey Attorney General and had opened up the dating site Compatible Partners to serve gay singles (see Story). This class action argues that eHarmony does not give "equal treatment of patrons in all aspects of the business".