Under new guidelines from the Commission on Human Rights, doing so would be considered 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, according to The New York Times.
These guidelines also apply to foods typically deemed risky for mothers-to-be, including raw fish or soft cheese. But pregnant women’s consumption of alcohol has driven the most contentious debates over private etiquette and public policy. While at least 18 states have laws that regard the use of intoxicants by pregnant women as child abuse, according to ProPublica, it is not clear how many jurisdictions have rules that prohibit restaurants and bars from refusing to serve alcohol to pregnant women, The New York Times reported.
New York City’s new guidelines would not undermine a state law that requires bartenders not to serve patrons who are “visibly intoxicated,” according to the report.
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