Full question:
I am a massage therapist and work in a spa that is going to start performing massages on children from age 10 and up. The parent or guardian needs to sign a consent form but does not need to be present when the child is at the spa or in the service. I disagree and want the parent in the room during the service. A natural reaction to massage could include an erection...a natural response that could be misinterpreted by the client and or the parents. But, whereas most adults can differentiate between a therapeutic massage and sex, a young teen may not have the skills to determine this yet. I want to refuse to perform underage massage without a parent present but need to know the law that backs me up so I can relay this to my boss. This is my livelihood and I don't want to jeopardize my license over a misunderstanding.
- Category: Minors
- Date:
- State: California
Answer:
We are not aware of any statute or case dealing with this issue. One thing your employer should understand is the concept of vicarious liability. If a parent were to sue you civilly for an alleged sexual assault, your employer could also be sued. A person may be civilly liable for an assault and battery that is committed by another person for whose acts he is responsible, as where an employer is held liable for a tort committed by an employee. In a case where the claim were frivolous, your employer would still have to hire an attorney (or his liability carrier would). Attorneys fees for even a frivolous case can run into thousands of dollars very easily.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
