Fitness club employees spend their days looking at and trying to improve human bodies. Clothing made for fitness and to accentuate the body is worn. In this type of workplace, sexual harassment is bound to occur.
Earlier this month, Jonathan Prince, a personal trainer at 24 Hour Fitness in Sherman Oaks, California, filed a lawsuit against his female manager. The suit alleges that the manager hit on Mr. Prince by asking him out and sending him suggestive text messages. When Mr. Prince asked her to stop she gave him negative reviews in retaliation, which hurt his chances for receiving a promotion or bonus. Mr. Prince is seeking over $50,000 in damages. This case highlights the fact that the victim of sexual harassment is not always female.
In 2004, the same club, 24 Hour Fitness, was ordered to pay $2.4 million to Cynthia Malek, a former employee who was fired because she complained that male co-workers were sexually harassing her. The company attempted to demote her from a management position to a sales position. Ms. Malek refused to accept the demotion and was fired. According to the arbitrator's comments, several of the criticisms that led to the attempted demotion of Ms. Malek came from the men she claimed had sexually harassed her. Even after damages were awarded to her, Ms. Malek continued to fight to have the ruling made public. She felt that the 24 Hour Fitness company as a whole tolerated sexual harassment and she wanted others to be aware of her situation. A year later, the ruling was publicized.
Not all cases of sexual harassment in fitness clubs are filed by employees that work directly with patrons. In August, 2011, Allstar Fitness settled a sexual harassment and http://www.millerfalknerlaw.com/lawyer-attorney-1400888.html by agreeing to pay $150,000 to a janitorial worker who was allegedly sexually assaulted numerous times by her supervisor. The supervisor told her to keep quiet about it or she would lose her job. When she asked him to stop, he fired her the next day. The claim filed by the Equal Employment Opportunity Commission (EEOC) on her behalf claims that the club's upper management never investigated her allegations. The settlement also requires the company to establish a complaint procedure and policies regarding sexual harassment and to provide employee training. Michael Baldonado, District Director of EEOC stated, "No one should be forced to choose between personal dignity and the paycheck that feeds your family."