Investigation Reveals Discrimination Linked to Dismissed Criminal Charges, Violating Title VII
Las Vegas – The American Civil Liberties Union and ACLU of Nevada filed a charge today with the Equal Employment Opportunity Commission against the Nevada State Board of Massage Therapy for relying on uncorroborated and dismissed criminal charges in deciding massage therapy license applications, causing an unjustified disparate impact on the ability of Asian women to obtain employment as massage therapists, in violation of Title VII.
Public records from 2020 through 2024 reveal a consistent pattern of denying licenses to applicants with dismissed criminal charges, primarily women of Asian descent. The ACLU investigation revealed that at least 54 other women faced similar questions about an unproven arrest record and that, although the Board’s policy affects everyone with an unproven arrest record, it disproportionately harms Asian women. This constitutes discrimination on the basis of race, sex, and national origin in violation of Title VII.
The EEOC charges were brought on behalf of Bi Ling Zhu, a Chinese woman whose application was denied based on 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.
ACLU of Nevada client Bi Ling Zhu said:
“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. I urge the board to change their policy, which has had a severe impact on my financial stability and well-being.”
ACLU of Nevada legal director Chris Peterson said:
"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."
ACLU Racial Justice Program senior staff attorney Alejandro Agustin Ortiz:
"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 the job market and prohibits employers from discriminating against anyone in terms of compensation, job conditions, or employment privileges based on race, sex, or national origin. The law applies not just to direct employer-employee relationships but also to any individual an employer deals with, such as employment agencies.
A copy of the EEOC charges can be found online here.
