Gender and Non-Discrimination Laws:
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Must Be Aware
he fight for equal rights in the United States has impacted
society and its laws in a multitude of disparate and
ever-evolving ways. Regardless of one’s political or social
proclivities, determining how to address discrimination is a
significant and ongoing political and social debate, with lawmakers,
and society at large, continuously defining and redefining what
constitutes unlawful discrimination.
Equal rights have meant various things to various classes of
people throughout the history of the United States. During the
women’s suffrage movement, women sought the right to vote.
During the Civil Rights Era, protesters fought for equal access to
the ballot, the right to learn in non-segregated schools and the right
to eat in non-segregated restaurants. More recently, civil liberties
proponents, and consequently courts, legislatures and the news
media, have increasingly focused on the experiences of discrimina-
tion that members of the LGBT community face.
As new, uncharted issues involving civil liberties continue
to arise in society, they inevitably impact businesses that cater to
the general public. Today, non-discrimination for transgender
and gender non-conforming individuals, in particular, has taken
the forefront of political and social debate. And it has become an
important issue for business owners to consider.
In the past 15 years, federal appellate courts have increasingly
recognized that discrimination against a transgender person is a
form of sex discrimination prohibited by federal law. For example,
under Title VII, transgender employees, public and private,
who feel they have experienced employment discrimination
can file complaints with the Equal Employment Opportunity
Commission. Additionally, at least 18 states and the District of
Columbia expressly ban discrimination based on gender identity, as
do over 130 cities and counties across the United States.
Franchise owners will inevitably come in contact with
customers, employees or colleagues who are transgender or gender
non-conforming. As such, it is important to think about whether
your business provides a safe and comfort-
able environment for everyone. What’s
more, as a business owner, it is imperative
to be knowledgeable and well-versed with
regard to your legal obligations.
In the area of equal access for trans-
gender individuals, the so-called “bathroom
laws” have garnered substantial attention
by Justin M. Klein
recently. These laws generally seek to regulate
the use of public facilities – such as bathrooms, changing rooms or
locker rooms – by transgender individuals. Considering the high
traffic of those areas in fitness facilities, fitness businesses must espe-
cially be aware of the anti-discrimination laws that may be impli-
cated in connection with their operations. In fact, a member of a
Michigan-based Planet Fitness® franchise recently filed a lawsuit
against the club and the franchisor alleging that the termination
of her membership as a result of her complaining about its locker
room usage policy violated her civil rights and was a breach of
contract. The case was dismissed. In response to some press relating
to the matter, Planet Fitness issued the following statement that
appeared in various public media:
“The manner in which this member expressed her
concerns about the policy exhibited behavior that management
at the [franchised] club deemed inappropriate and disruptive
to other members, which is a violation of the membership
agreement and as a result her membership was canceled.
Planet Fitness is committed to creating a non-
intimidating, welcoming environment for our members. Our
gender identity nondiscrimination policy states that members
and guests may use all gym facilities based on their sincere
self-reported gender identity.”
Compliance with the law is murky at best and requires
familiarity with the federal and local laws alike. Indeed, while
the federal government has only weighed in on the legal debate,