New York City: Businesses cannot refuse to serve pregnant women alcohol

New York City is banning restaurants and bars from refusing to serve alcohol to pregnant women. New guidelines from the Human Rights Commission argue that such a refusal would constitute discrimination under New York City’s Human Rights Law. The guidelines also prohibit businesses from refusing to sell foods judged to be dangerous during pregnancy, such as raw fish and soft cheese, to expectant mothers. The Centers for Disease Control and Prevention estimates that approximately 10% of pregnant women consume alcohol. 18 US states currently view consumption of intoxicants by pregnant women as child abuse. The Human Rights Commission is currently investigating a case of one woman denied entry to a bar and of another refused entry to a concert on the grounds that the environment was unsafe for pregnant women.

It can be an awkward order for a pregnant woman: A glass of merlot, please.

But she is legally entitled to it, according to New York City.

For the first time, the city is explicitly prohibiting restaurants and bars from refusing alcoholic drink orders to mothers-to-be, with new guidelines that say doing so would represent discrimination under the city’s Human Rights Law.

“While covered entities may attempt to justify certain categorical exclusions based on maternal or fetal safety, using safety as a pretext for discrimination or as a way to reinforce traditional gender norms or stereotypes is unlawful,” the guidance released by the Commission on Human Rights on Friday says.

That would also apply to foods deemed risky during pregnancy, such as raw fish or soft cheese. But it’s alcohol consumption by pregnant women that has long driven the touchiest debates over private etiquette and public policy.