CIVIC CENTER — Every bar in New York City displays a stark warning, “Drinking alcoholic beverages during pregnancy can cause birth defects.” But that doesn’t mean a bartender can refuse a woman a drink.
A new report issued Friday by the New York City Commission on Human Rights outlines strict legal guidelines to prevent discrimination against pregnant women, including that bars and restaurants may not refuse to serve alcohol to a woman based on the fact that she is pregnant.
“Judgments and stereotypes about how pregnant individuals should behave, their physical capabilities, and what is or is not healthy for a fetus are pervasive in our society and cannot be used as pretext for unlawful discriminatory decisions in employment, housing, and public accommodations,” the report said.
The report goes on to give refusing to serve pregnant women "raw fish or alcohol" as an example of a potential violation.
The Surgeon General does warn against women drinking alcohol while pregnant due to the risk of birth defects, and the city requires that all establishments that sell alcohol display a precautionary sign about the risks.
While many of the other provisions in the CHR report relate specifically to protections for pregnant employees, they also state that any discrimination based on pregnancy is gender discrimination against all pregnant women, a violation of the city's Human Rights Law.
