Articles

May, 2021

DOES FEMALE-ONLY WORKOUT AREA VIOLATE

GENDER DISCRIMINATION LAW?

The CT Supreme Court heard oral argument in May on a case affecting individuals who go to Edge Fitness gyms, and possibly other similarly situated gyms.  The case arrived at the Supreme Court by an administrative appeal by the CT Commission on Human Rights & Opportunities (CHRO) of the final decision of its own hearing officer, CHRO v. Edge Fitness, et al., HHB-CV-196056021, judicial district of New Britain, July 23, 2020, Cordani, J.

Two men filed complaints with the CT Commission on Human Rights and Opportunities against Edge Fitness LLC and Club Fitness alleging that the provision of a women only work out area in their fitness facilities violated CT Gen. Stat. 46a-64, prohibiting discrimination in public accommodations.

In these facilities, the women only area is separated from the rest of the facility, such that people outside the designated area cannot easily look inside, providing privacy for the women inside.

The women only areas are used by certain Jewish and Muslim women who are forbidden by their religious beliefs from exercising with men.

Uncontroverted expert and fact testimony was offered in the hearing before the administrative hearing officer who ruled in favor of the gyms that:

1. More than 60% of women customers would cancel their memberships if the women only areas were abolished;
2. Women prefer these separate areas for gender privacy reasons and for a sense of safety;
3. Women prefer these separate areas in order to minimize degrading feelings of sexual objectification and body shame, all feelings which are disproportionately felt by women; and,
4. Elimination of the separate areas would be harmful to women’s health.

Both complainant men felt discriminated against by the very existence of the separate women only areas.

A decision by CT Supreme Court is expected in June, 2021.