NYC Bars Not Allowed to Turn Away Pregnant Women

New York City’s Human Rights Commission released new advisories this week that make it clear it’s illegal to refuse to serve a pregnant woman in a bar or any other establishment that serves alcohol. While bars have to display signs emphasizing that drinking alcohol while pregnant could harm a fetus, according to city law it is up to the woman to make the choice whether or not to drink herself. While the overall guidelines released by the city mostly deal with workplace discrimination against pregnant women, they also do make it clear that restaurant owners, bartenders, bouncers, and other employees cannot refuse service to a pregnant woman in a bar.

According to the guidelines:

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 public venues.

The Human Rights Commission is looking into a case in which a pregnant woman claims she was discriminated against and not allowed to enter a bar or club–although the specific details of the case are unclear given that it’s still open for investigation.

This announcement also come after some controversy a few years ago about a prank pop up bar that advertised itself as catering to pregnant women. According to the Independent:

They even erected signage above the space in the East Village of Manhattan announcing the venue as Gestations.  While it attracted widespread local press coverage, the spot never actually opened.

The faux bar was brazen in its promotional language, declaring:  ‘All you mothers-to-be should come check out our trimester specials and our 9-month happy hour because now you’re drinking for two!”’ A similar tone was adopted on its Facebook page. ‘The bigger the belly, the more you can drink. True for men and pregnant women #gestationsny,’ it declared.

While the fact that laws to protect pregnant women include allowing them into bars seems somewhat counterintuitive, the overall guidelines are good news in the fight against discrimination.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.