Calif. Massage Therapist Exam is Discriminatory, Class Action Says

A class action lawsuit claims that the California Massage Therapy Board forbids anyone who does not speak English or Spanish from taking the exam required to gain certification as a massage therapist in the state.

Plaintiff Baoyu Liu states that she was turned away from taking the MBLEx on Dec. 22, 2015, due to her inability to speak Spanish or English.

Liu says that she has not yet been able to sit for and pass the MBLEx.

The massage therapist class action claims that Liu was injured by this discriminatory process because she has been prohibited from practicing her chosen profession.

She seeks damages on behalf of herself and all other Chinese [Mandarin] speakers who were prohibited from taking the exam because the exam is not offered in Chinese/Mandarin.

The massage class action lawsuit notes that California is a member of a federal-like organization called Federation of State Massage Therapy Boards, which owns and operates a massage therapy license examination called the MBLEx. Allegedly, in California, if a person wants a massage therapy license in most counties, they have to pass the MBLEx.

According to the California Massage Therapy Board class action lawsuit, the exam is offered only in English and Spanish.

Allegedly, the California Massage Therapy Council was in a relevant position to ask the Federation of State Massage Therapy Boards (FSMTB) to provide a Chinese language version of the exam but failed to do so. The class action lawsuit claims that the members of the board have the prerogative to ask for these accommodations.

However, according to direct testimony from the federation’s executive director on Nov. 29, 2018 as quoted in the class action lawsuit it comes down to a safety issue as to why the exam is not offered in Chinese.

“For example, if somebody codes on the table, they need to be able to understand in English to call 911 and explain that somebody is in — their life is in jeopardy.”

Liu asserts that the fact that the exam is not offered in Chinese is a violation of antitrust and discrimination laws.

The California massage therapist class action asserts that the fact that the exam is inaccessible to Chinese speakers is especially ironic because massage therapy is a Chinese practice.

Liu’s attorney argues that this is “analogous to a USA car licensing system telling a German car maker that you just can’t speak German.”

Allegedly, the failure of the California Massage Therapy Board to offer the exam in Chinese amounts to a violation of the Unruh Act, which prohibits language discrimination.

Additionally, the Chinese language discrimination class action lawsuit states that the United States’ Constitution’s 14th Amendment allows all Americans a fundamental right to choose an occupation and profession, and asserts that the massage therapy board is violating the 14th Amendment by prohibiting Chinese speakers from taking the exam they need to become licensed massage therapists in California.

Liu is represented by Herman Franck and Elizabeth Betowski of Franck & Associates.

The California Massage Therapy Board Language Discrimination Class Action Lawsuit is Baoyu Liu v. California Massage Therapy Council, et al., Case No. 2:19-at-00277, in the U.S. District Court for the Eastern District of California.

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