Asian students sue California massage therapy council for discrimination over English language skills

Qian Zhang spent $6,000 and completed more than 500 hours of training to be certified as a massage practitioner, a job that made her hopeful for the future.

However, after failing an informal phone interview with the Sacramento-based California Massage Therapy Council, she was denied certification. Zhang, alongside five other Asian students, say they were rejected because of their English language skills.

The Asian American Advancing Justice Southern California, who is representing the six students, alleges CAMTC refused to give certification citing concerns about English proficiency. Concerns were allegedly first expressed after a group of Chinese students were speaking their native language in class.

“The school did not mention anything about English having to be the mother language for a student,” Zhang said. “They did not mention that requirement. Then after finishing the study, I was told (by) the school that I had a problem.”

While certification from CAMTC is not required to practice massage therapy in California, many municipalities require practitioners to hold one. The lawsuit alleges this has resulted in CAMTC being a “gatekeeper to a career in massage therapy.”

The lawsuit, filed to Sacramento Superior Court in June, alleges the council targeted its Chinese and Thai students by withholding certification. The lawsuit is seeking to lift the withholding of certifications.

“I actually don’t know how I survive these days,” Zhang said. “I don’t know what to do. Life has continued to be very difficult and challenging for me in the past two years.”

Informal phone interviews

At the end of their course, students were given informal phone interviews where they were asked questions that seemed irrelevant to their massage certification, said Paul Estuar, litigation director of Asian American Advancing Justice Southern California.

During these interviews, Estuar said students were asked how much they paid for school and how they were commuting to class. CAMTC allegedly did not provide interpreters, asking students to bring their own last minute. The lawsuit states CAMTC did not provide preparation time for the students.

Before receiving her call, Zhang was told the interview would “take 20 minutes to verify that she had received adequate education” from her schooling, the lawsuit states.

None of the questions were about massage technique or anything massage-related, Estuar said.

“It felt like an investigation,” Estuar said. “Our clients did not pass those interviews.”

In a statement sent to The Sacramento Bee, CAMTC said allegations that the organization engaged in discrimination against Chinese and Thai students are “false and completely without merit.” CAMTC added they are not at liberty to discuss details of the lawsuit.

Zhang said she has felt very frustrated throughout this entire process. While she’s been awaiting her certification, she has worked multiple temporary and part-time jobs to get by and afford her rent.

The appeals process

Once a student completes the 500 mandatory hours of training from a CAMTC-approved school, like A2Z Health.Net Inc, they can submit an application to be certified.

In February 2023, CAMTC expressed concern to A2Z Health.Net, Inc. on whether students properly understood material, the lawsuit states. As a result, CAMTC began requiring students to provide proof of an “adequate education” through an informal interview. In May, A2Z Health.Net, Inc. sued CAMTC.

After not passing the interview, students were not told explicitly why, Estuar said. Students were given the option to appeal the decision, requiring them to pay a $180 fee and submit documentation.

During her phone interview, Zhang was not provided an interpreter, and she was informed afterwards that her application was denied because she “did not pass the interview,” the lawsuit states.

The uncertainty and prolonging of providing the certification has caused barriers in supporting her family, and trying to help her 15-year-old son come to the United States from China, Zhang said.

“Once I’ve got a stable income, then I will be able to apply for my son to come here,” Zhang said. “It’s urgent and important for me to get a job.”

Zhang was denied in April 2023. She later requested a formal appeal in July.

She submitted her transcript and a copy of her class notes. In September 2023, she was notified that she was removed from CAMTC’s hearing schedule. Zhang was later told in October 2023 that CAMTC Hearing Officers were assessing the documents she submitted.

She has yet to hear the status of this assessment, the lawsuit states.

Zhang’s struggles are similar to the other students. Li Lin, who worked as a massage therapist in Roseville and has practiced for five years. Upon moving to Los Angeles, she was required to receive certification.

Her application was also denied.

“CAMTC provided me with no timeline and no possibility of obtaining my CAMTC license. This prevents me from working close to my home. I must travel very far to work in counties that do not require CAMTC certification,” Lin said. “I sleep at home only two days every month. I just want to see my husband and son much more often than I do now. CAMTC’s denial of my application causes me great mental anguish. I am so tired.”