North Las Vegas, NV asked in Business Law, Civil Litigation, Consumer Law and Constitutional Law for California

Q: Can a business refuse services if you cannot "prove" your ethnicity based on their restrictions?

See question. Business wants to "prove" your ethnicity but only mostly accepts birth certificates, which not every state lists ethnicity on (by design, to prevent possible discrimination). Many do not especially in the South.

The only other alternative is grandparents or parents' birth or death certificates. Applicant could be adopted, or those entities may not be dead. Also, their birth certificates may not list ethnicity, either.

Business says they want to "prove blood lines and blood roots", which are only provable with DNA (a birth certificate doesn't "prove" ethnicity, it's a statement of it). However, anyone and everyone can get a DNA test, which would open opportunities, but they refuse to accept DNA tests.

So basically, the criteria is so narrowly focused as to purposely disqualify a large portion of minorities.

Is this legal, and if not, what does this fall under if there's a case to be made against this practice?

1 Lawyer Answer
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: This sounds like an assignment that you should do yourself. If not, please be specific about how this is an actual legal problem that you are facing.

Robert P. Cogan agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.