LAS VEGAS, Nev. (FOX5) – The American Civil Liberties Union of Southern Nevada is accusing the Nevada State Board of Massage Therapy of discrimination in a new lawsuit.
The new charge, filed with the Equal Employment Opportunity Commission on Wednesday, alleged that the board relied on “uncorroborated and dismissed criminal charges” in deciding when to distribute massage therapy licenses. The discrimination, according to ACLU, caused an “unjustified, disparate impact” on Asian women attempting to obtain employment as massage therapists.
The ACLU requested public records from 2020 through 2024, which reveal a pattern of board members denying licenses to applicants who have previously dismissed criminal charges. The union further alleged that most of these women were Asian.
Further investigation revealed at least 54 other women who faced similar questions about their arrest records.
“Although the Board’s policy affects everyone with an unproven arrest record, it disproportionately harms Asian women,” an ACLU spokesperson added.
The ACLU noted that the charges were brought forth on behalf of Bi Ling Zhu, a Chinese woman who was denied a license based on an arrest – despite the charges being dismissed.
“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,” Ling Zhu said. “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 added, “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.”
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