ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Parties |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives |
| Peter Duff |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027551-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000,the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant alleges that he has been discriminated against on grounds of gender because he is not allowed to use the female only gym at his fitness club and is charged the same membership fee as females. |
Summary of Complainant’s Case:
The complainant was a member of the respondent club from 1990 to 1993. He left in 1993. In 2017 he received a letter from the respondent offering him a discount if he joined the club again. After joining, the complainant noticed that there was a small section of the gym cordoned off for ladies use only. He asked if he could go in but told he was not allowed. The complainant then said that he would like to go in, as he would prefer to train on his own. He was informed that the room was only designated for use by females only. There is not a similar room dedicated to males only and on that basis the complainant says that he is being discriminated against on grounds of gender. |
Summary of Respondent’s Case:
The respondent accepts that they have a female only gym within the main gym on all of their sites. All of their gyms have many female members who are of the Muslim faith. These females are not permitted to exercise in a gym when males are present. The female only gym allows them to exercise without their head scarves. Male followers of the Muslim faith do not have the same restrictions placed on them as females. Furthermore, it was brought to the club’s attention that older ladies were experiencing difficulty in the main gym whilst using the machines or lifting weights. Many items of equipment are left by males after use with extremely heavy weights attached. That in some circumstances could have caused an injury to some less strong or older female members. For both Health and Safety reasons and Religious reasons the club made the decision to seclude a small area of the gym for female use only. |
Findings and Conclusions:
The respondent accepts that it has a female only section in their gyms that male members are not allowed to enter. They were required to create the female only gym for two reasons. Firstly, to facilitate female members of the Islamic faith who would otherwise not be permitted to exercise in the gyms without wearing their head scarves. The wearing of the head scarf is not conducive to gym work. Secondly for Health and Safety reasons to facilitate older or weaker female members. Section 14 (b) (i) & (ii) of the Equal Status Act permit the Respondent to cater for the needs of such women who would otherwise be unable to exercise at their gyms. 14.— Nothing in this Act shall be construed as prohibiting— (a) the taking of any action that is required by or under— (i) any enactment or order of a court, (ii) any act done or measure adopted by the European Union, by the European Communities or institutions thereof or by bodies competent under the Treaties establishing the European Communities, or (iii) any convention or other instrument imposing an international obligation on the State or (b) preferential treatment or the taking of positive measures which are bona fide intended to— (i) promote equality of opportunity for persons who are, in relation to other persons, disadvantaged or who have been or are likely to be unable to avail themselves of the same opportunities as those other persons, or (ii) cater for the special needs of persons, or a category of persons, who, because of their circumstances, may require facilities, arrangements, services or assistance not required by persons who do not have those special needs. Having considered the evidence of the complainant and the respondent, I am satisfied that the complainant has established a prima facia case of discrimination. However, the respondent has provided objective reasons justifying it decision to have a female only room within its gyms, based on the very specific needs of a category of persons who would not otherwise be able to participate. The complaint fails. |
Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
The complaint fails. |
Dated: September 23rd 2019
Workplace Relations Commission Adjudication Officer: