A class action lawsuit asserts the Bay Club chain of fitness centers in California is violating federal and California state non-discrimination laws by creating exclusive women-only workout areas.
Luigiano Race, on behalf of himself and others, filed a new class action lawsuit against The Bay Clubs Company, which operates the Bay Club fitness centers on April 12 in San Francisco County Superior Court. The lawsuit accuses Bay Clubs of discriminating against "male, non-binary, and transgender patrons" by operating segregated female-only areas. The lawsuit asserts such exclusive areas violate federal and California state laws.
Operating 22 clubs across nine campuses in California and Portland, Oregon, the Bay Club has operated fitness centers since 1977. Bay Club also has been hit with prior sexual discrimination litigation, having recently settled in 2021 for $500,000 for allegations of sexual harassment against female employees at its Fairbanks location by management, customers, and members of the food and beverage department at two locations. The suit, brought against Bay Clubs by the US Equal Employment Opportunity Commission in 2018, also alleged that employees who complained about the harassment were subject to retaliation by management.
In this most recent complaint, plaintiff Luigiano Race contends that only women can access certain areas of their workout facilities, as the franchise has a “women’s only” workout room at the San Francisco location that excludes male, non-binary and transgender gym members from that area solely based on their sex. Since this area is only accessible through the female locker room area of the club and there is no equivalent “males only,” “non-binary only” or “transgender only” workout room, Race and the proposed class members say they do not have full access to the fitness center.
The suit asserts this violates Title VII of the 1964 U.S. Civil Rights Act which primarily protect the rights of all individuals prohibiting discrimination based on race, color, religion, sex and national origin. California Civil Code provides that all individuals, regardless of the same, are also entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind.
Race is offended in his assertion that because this was a fully paid membership, at the same rate as a women's membership, exclusion from these segregated areas essentially leaves Race and the other punitive members who are male, non-binary, or transgender with substantially less access when compared to its female members who may access all areas of the facilities.
Race says the assumption that women require more accommodation including segregated workout areas is an exclusive gender-biased differentiation. In the complaint, it is suggested that Bay Club does this in order to "protect" women so they feel safe in the workout portion of the facility.
Race is demanding a trial by jury and is seeking statutory and punitive damages, court costs and legal fees. And as the members of the Class are too numerous to determine an exact amount, it is believed to include hundreds, if not thousands of Bay Club members who are male or identify as a different gender, according to the complaint.
Race is represented by attorney Erik C. Jenkins of Jenkins Law Firm, of La Jolla.