Legal Question in Discrimination Law in Texas

is it legal for a store clerk to ask if you are pregnant?

I stopped into a convenience store on my way home to buy some beer. When I went to pay, I was first I.D.'d (I am almost 40), and was then asked if I was pregnant (I am not), and was told they would not/could not sell to me if I was. There was a language barrier and someone else was called over to explain it to me. I was asked directly ''Are you pregnant?'' and I answered ''no'' in disbelief. I did wind up buying the beer as I was too confused/embarrassed/humiliated to question it, but when I got home I looked it up, as far as I can tell by googling, there is currently no law prohibiting the sale of alcohol to a pregnant woman. Does anyone know if a store clerk or owner can legally ask this question or decide who to sell to on the basis of suspected pregnancy? Somehow I'm guessing yes...so aside from never patronizing this store again, is there anything I can do (i.e. file a complaint?)

Thank you.


Asked on 5/24/09, 2:20 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: is it legal for a store clerk to ask if you are pregnant?

A store can refuse service to anyone, as long as one of the reasons is not a constitutionally protected status. Pregnancy is not a protected status (race, religion, etc). Your options are limited to not patronizing the store, complaining to corporate headquarters.

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Answered on 5/26/09, 8:03 am


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