Legal Question in Disability Law in Massachusetts

pregnancy discrimination??

I was just wondering if it was against the law to say no to serving a pregnant woman alcohol. I was told that because I said I would not serve a pregnant woman alcohol, I would be fired. If I asked to have someone else serve her because I was uncomfortable, would that change anything?

Thanks


Asked on 3/16/05, 10:30 pm

2 Answers from Attorneys

Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: pregnancy discrimination??

Yes, it would be illegal to refuse to serve a pregnant woman alcohol (assuming you are talking about a place of public accommodation such as a restaurant or bar and not a private home). The law does not permit you to make judgment about what you believe to be best for the pregnant woman. Can you be fired for refusing to do so? Absolutely. We are an employment at will state, so you can be fired for a good reason, bad reason, or no reason whatsoever. Would it make a difference if you asked if some other server could serve her instead? No, it would not.

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Answered on 3/16/05, 10:44 pm
William McLeod McLeod Law Offices, PC

Re: pregnancy discrimination??

Despite surgeon general warnings thaty indicate a health risk, there is no law prohibiting a pregnant mother from consuming alcohol. With that said, I believe there is no violation of any public policy by refusing to terminate an employee for refusing to serve a pregnant female customer.

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Answered on 3/17/05, 10:11 am


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