The American Civil Liberties Union (ACLU) and ACLU of Nevada have filed a charge with the Equal Employment Opportunity Commission (EEOC) against the Nevada State Board of Massage Therapy. The charge alleges that the board's reliance on uncorroborated and dismissed criminal charges in deciding massage therapy license applications has caused an unjustified disparate impact on Asian women, violating Title VII.
Public records from 2020 through 2024 indicate a consistent pattern of denying licenses to applicants with dismissed criminal charges, primarily affecting women of Asian descent. The ACLU's investigation found that at least 54 other women faced similar scrutiny over unproven arrest records. Although the board’s policy affects all individuals with such records, it disproportionately harms Asian women, constituting discrimination based on race, sex, and national origin under Title VII.
The EEOC charges were brought on behalf of Bi Ling Zhu, a Chinese woman whose application was denied due to an uncorroborated arrest despite the charge being dismissed. The licensing board’s broad discretionary power allows members to equate dismissed charges with guilt in their decision-making process.
"I once earned a stable income as a licensed massage therapist, but since being barred from practicing due to this discriminatory policy, my ability to support myself and my family has been severely compromised," said Bi Ling Zhu. "I urge the board to change their policy, which has had a severe impact on my financial stability and well-being."
Chris Peterson, legal director for ACLU of Nevada, stated: "By relying solely on arrest records without conviction, the massage board ignores a sacred American principle that we are innocent until proven guilty. Ms. Zhu’s arrest had been dismissed almost four years earlier; no evidence corroborated the allegations, but the licensing board concluded she was guilty as charged. Ms. Zhu and dozens of other Asian women have been barred from practicing the profession for which they have successfully trained and previously practiced, restricting their economic opportunities at a time when so many Nevadans are already struggling to make ends meet."
Alejandro Agustin Ortiz, senior staff attorney for ACLU Racial Justice Program added: "Ms. Zhu’s case underscores the need for regulatory bodies to ensure their policies do not perpetuate racial or gender discrimination, ensuring all individuals have equal access to economic freedom and professional opportunities. We call for the immediate revision of the board's discriminatory policies and for a fair, evidence-based licensing process that upholds the principles of Title VII."
Title VII of the Civil Rights Act of 1964 promises equal access to employment opportunities and prohibits employers from discriminating based on race, sex, or national origin regarding compensation, job conditions, or employment privileges. This law applies not only to direct employer-employee relationships but also extends to any individual an employer deals with, including employment agencies.
A copy of the EEOC charges can be found online here.