Does refusal to serve alcohol to pregnant women constitute bias? New York City answers yes
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Bars and restaurants that refuse to serve alcohol or raw fish to pregnant women are committing discrimination, according to new guidelines by New York City’s Commission on Human Rights.
The commission said that such a policy by bars and restaurants would violate protections for pregnant women in the city’s Human Rights Law, the New York Times reports.
“While covered entities may attempt to justify certain categorical exclusions based on maternal or fetal safety,” the commission said (PDF), “using safety as a pretext for discrimination or as a way to reinforce traditional gender norms or stereotypes is unlawful.”
Robert Bookman, a lawyer with the New York City Hospitality Alliance, points out that state law requires bars to post signs warning that alcohol can be dangerous to fetuses. “We’re stuck in the middle on this one,” he told the Times.
Eighteen states—New York not among them—have laws that say use of intoxicants during pregnancy is child abuse, according to ProPublica.