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“Women-Only” Workout Areas Violate Connecticut Discrimination Laws

By Patricia E. Reilly & Salvatore G. Gangemi on February 2, 2022
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On January 25, 2022, the Connecticut Supreme Court ruled that local fitness centers violated Connecticut’s nondiscrimination statute by maintaining a separate workout area for women only.

Two male Complainants, members of the Respondents’ fitness clubs, had filed complaints at the Commission on Human Rights and Opportunities (CHRO) alleging discrimination.  All members of the fitness centers had access to a main, coed area of the facility.  The facilities also offered a section of equipment to women that was designated “women’s only.”  The male Complainants were prohibited from using the women-only section of the facilities.  The Complainants alleged that they experienced wait times when using equipment in the larger coed area of the facilities and that the fitness centers discriminated against them on the basis of sex by providing women with additional and alternative access to equipment.  The case went to a public hearing at the CHRO, and the Human Rights Referee determined that the Respondent fitness centers had not violated state law by maintaining women-only workout areas and dismissed the claims.  The CHRO appealed the decision on behalf of the Complainants.

The question before the Connecticut Supreme Court was whether the Public Accommodation Act, found in General Statutes § 46a-64, could be construed to include a customer gender privacy exception to its general prohibition against sex-based discrimination.  Connecticut Statutes § 46a-64 prohibits businesses (and others) from discriminating, segregating, or denying anyone full and equal accommodations in any place of public accommodation based on several identifiers including sex, gender identity, race, color, age, national origin.  The statute includes limited exceptions, including an exception for separate restrooms and locker rooms.  It was undisputed by the parties that the women-only facility did not fall under the locker room exception.  In reaching its conclusion that the women-only workout area was discriminatory, the Court held that exceptions to gender-based prohibitions are limited to those expressly provided by the plain language of the statute, which does not include a customer gender privacy exception.

This is not the first debate regarding women-only spaces.  Although the case addresses public accommodation discrimination, and not employment discrimination, employers should heed the court’s opinion before instituting a policy or practice that appears to favor one gender, regardless of how well-intentioned that policy or practice is.  For instance, women-only coworking spaces have been challenged and largely abandoned as discriminating on the basis of gender identity.  More common are workplace or work-related groups that seek to promote camaraderie and empowerment among professionals of a particular gender, race, or nationality (usually referred to as Affinity Groups).  Such groups are useful ways to support employees who share common interests or backgrounds, but the groups themselves and any events sponsored by Affinity groups should be open to all employees to ensure that they are non-discriminatory.  Before encouraging or sponsoring events, employers need to consider the impact of anti-discrimination laws.

With local and national controversy surrounding initiatives based on protected categories, such as gender, race and nationality, employers should ensure that their policies comply with federal and state anti-discrimination laws. The Labor and Employment Group at Murtha Cullina is available to assist in addressing any questions you may have regarding these issues.

Photo of Patricia E. Reilly Patricia E. Reilly

Patricia E. Reilly, a partner at Murtha Cullina, serves as chair of  the firm’s Labor & Employment practice and co-chair of the Education practice.

She litigates employment, wage and hour, and restrictive covenant cases in state and federal courts. She also appears before…

Patricia E. Reilly, a partner at Murtha Cullina, serves as chair of  the firm’s Labor & Employment practice and co-chair of the Education practice.

She litigates employment, wage and hour, and restrictive covenant cases in state and federal courts. She also appears before the Connecticut Commission on Human Rights and Opportunities, the EEOC, the Connecticut Department of Labor, and the U.S. Department of Labor. Whether resolving a matter pre-litigation or litigating a case to trial, Tricia uses her first-rate strategic litigation skills to advocate for her clients’ interests. She works closely with her clients to ensure that the litigation is executed with the highest degree of skill and professionalism.

In addition to maintaining a thriving litigation practice, Tricia advises clients on a wide range of employment law matters, including sexual harassment and discrimination avoidance; disability and pregnancy accommodation; FMLA; wage and hour compliance; and trade secrets and restrictive covenants. She also provides training and presents on labor and employment issues, particularly sexual harassment prevention.  Tricia represents clients in a wide range of industries and sectors, including education (colleges, universities and independent schools), health care, financial services, retail, food and beverage, transportation services, energy, and manufacturing.

Tricia is listed as a leading Labor and Employment Lawyer in Chambers USA. In addition, she is listed in Best Lawyers in America®. In 2017 and 2020, Best Lawyers in America® recognized her as “Lawyer of the Year” for New Haven, Litigation – Labor and Employment, and in 2020 Best Lawyers also recognized her as “Lawyer of the Year” for New Haven Employment Law – Management.  In 2019 and 2020, Super Lawyers listed Tricia among the Top 25 Women Attorneys in Connecticut.

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Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.

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  • Posted in:
    Employment & Labor
  • Blog:
    Employment Law Perspectives
  • Organization:
    Murtha Cullina LLP
  • Article: View Original Source

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