New York City’s new guidelines would not undermine a state law that requires bartenders not to serve guests who are “visibly intoxicated.” But some bar owners worry that the rules could muddy the question of when it is appropriate to cut off a pregnant patron. “To a certain extent it’s government run amok,” said Robert Bookman, a lawyer with the New York City Hospitality Alliance, a trade group. Under state law, he noted, bars are required to post signs warning about the dangers of alcohol to fetuses. “Here you now have a city agency saying that if we take that seriously and try to discourage a pregnant woman from drinking, we’re in violation of the law,” he said, adding, “We’re stuck in the middle on this one.” Released before Mother’s Day, the guidelines from the Human Rights Commission were intended to clarify the anti-discrimination protections afforded pregnant women in the workplace, in housing and in public settings. The commission said it was investigating at least one case of a pregnant woman who was denied entry to a bar over the moral judgments of its employees. In another case, a woman was refused entry to a concert in the Bronx after she was told that it was an unsafe environment for pregnant women, the commission said. The city cited research showing that pregnant employees continue to be denied accommodations they are entitled to, such as schedule changes, arrangements for “light duty” or bathroom breaks. Many expectant mothers are also sidelined in their careers, officials said. The commission said it was investigating more than 40 cases of pregnancy-related discrimination, most involving the workplace. In one case, a pregnant employee who asked if she could arrive late to work so she could attend a medical appointment was subjected to a series of inappropriate questions, the commission said, including “Who is the father?” “Accommodation of pregnant women cannot be a favor,” Azadeh Khalili, the executive director of the Commission on Gender Equity, said in a statement supporting the new guidelines. “It is a human right and the law in New York City.”
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.