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DB8 (Washington)
Posts: 15
Posted:
Hello, our HOA clubhouse has gender-specific gyms, locker rooms, bathrooms and shower areas. Each has a sauna as well. The two areas are separated by a very short hallway.

The gym area in the men's area is much larger than the women's, and it also contains more equipment, and equipment the women's doesn't have at all (nor is there room for it). Their locker area is larger too. This place was built in the 80's to accommodate a generation of people at the time who probably cared less about gender equality and staying in shape than we do today.

We are starting a conversation in our community about this, and some of us believe we have a discrimination issue based on sex. Each member in the community has to pay the same amount for HOA fees each year, yet the women do not have equal access to the same amenities.

We are optimistic that we can identify simple and inexpensive ways to visually block the areas where members might be undressed and thus give access to both genders to either gym at any time. But we also anticipate backlash from members who say they don't want to work out in the presence of the other gender. I believe the right to equal access to amenities would override the personal preference of members who don't want to work out around the other gender.

Upon examining state law on this (WA state) it's clear this would be discrimination if the amenity were public, but I'm not sure it applies to a private club. I'm interested to know how much of a legal leg we have to stand on here. Your thoughts would be appreciated.

Thank you.
AugustinD
Posts: 5,144
Posted:
The inferior facilities for the women is unlawful housing discrimination on the basis of sex. Specifically, your HOA is violating the anti-discrimination provision of the federal Fair Housing Act and probably anti-discrimination in housing statutes in Washington state. The Fair Housing Act applies to HOAs.

What are the consequences? HUD staff are overworked and stacked with civil servant incompetence, so I doubt HUD would competently address this. The state of Washington may have an agency that addresses violations of state anti-discrimination fair housing law. The latter is one route a member of your HOA could go. Another route is if the member hired an attorney to bring suit under the FHA statute and any state statutes.

On the other hand, employers, housing providers and more get away with unlawful sex discrimination all the time, sometimes because no one says anything, and some times because no one wants to rock the boat and be belittled by a bunch of filthy, Trump-supporting, male (sometimes female) bullies.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Idea.
Remove and sell the extra mens room equipment so they have equal equipment.
Nothing can be done to physically change the building without a ton of money.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Why can't the Association simply open the equipment use to all?

Perhaps the building design prevents this (must access through a locker room)?

Seems like an easy thing to fix without hollering discrimination.
What did your Board say when you brought the subject up to them?
DB8 (Washington)
Posts: 15
Posted:
We are not "hollering discrimination", we are getting clarity on whether we have legal backing. And if we do, that doesn't mean the conversation has to GO there, but we like to be prepared going into negotiations.

The topic has been referred to a committee, and as I said earlier we have some good proposals to solve the issue if the BOD is willing to solve it.
DB8 (Washington)
Posts: 15
Posted:
Steve, we actually have some very good ideas for giving access to all the equipment to both genders in a way that isn't a big deal. Our biggest obstacle will be resistance to agree to fix the issue because some members prefer to not work out in the presence of the other gender. So we are interested in understanding our legal standing. Does anyone on the forums here have some good info on that question they can point to?

Thanks
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By DB8 on 03/18/2019 7:58 PM

We are not "hollering discrimination", we are getting clarity on whether we have legal backing. And if we do, that doesn't mean the conversation has to GO there, but we like to be prepared going into negotiations.

For a legal opinion consult an attorney.

GeorgeS21 (Florida)
Posts: 3,808
Posted:
Close the gym - sell the equipment for male and female areas. Convert the space to another use.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why not re-arrange the equipment? Like put all the treadmill in one room and weights in another? Break up the equipment not based on sex but on use? It can also be an issue with the noise of those using treadmills versus those who want to lift weights.

Is the issue because there is an issue or the perception of one? When it comes to working out in the gym, there may be a certain comfort level between the sexes. Some women may not feel comfortable working out with men in the room and vice-versa. Has anyone asked if people using the gym want to combine due to equipment to keep it separate for comfort?

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
I've been working out in coed gyms since the mid-'70s. It' very hard to imagine that some folks are bashful about working out in the presence on a gender unlike theirs. Really!!!???
DB8 (Washington)
Posts: 15
Posted:
KerryL1, Agreed.... and if we aren't clear on our legal rights to this access we run the risk of having a few people who have a preference to not work out in a co-ed space block our rights to equal access to amenities. So rights should trump preferences. We've been warned that the people who have these preferences are very vocal about it, but that still should not obstruct our rights.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Rights vs. Optional choices are very different.

Keep in mind that an HOA is considered a private (not public) organization.
I agree you should have access to all equipment purchased for use of the membership. Period.

Personally, that is the argument I would make.
As a member, I have a right to access all common property purchased for use by the members.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By KerryL1 on 03/18/2019 8:49 PM
I've been working out in coed gyms since the mid-'70s. It' very hard to imagine that some folks are bashful about working out in the presence on a gender unlike theirs. Really!!!???

Yes, but some don't do it because of religious reasons. When I was a member of a gym, the women's locker room was attached to a separate room with exercise equipment because a few members were Muslim or members of the Church of God in Christ (COGIC), so there was a modesty issue regarding dress. I seem to recall some of the Muslim women telling me in their mosques there were limits on women socializing with men who weren't family members. Like other religions though, there are differences in how people do things - we had other Muslim members who dressed modestly and exercised wherever they wanted.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I have found a trend in our city for separate female/male gyms. The reasons vary. Religion is a big one. Others is the comfort level. Just because your experience has been with co-ed doesn't mean the other option can't exist.

Why change something due to monetary or perception keeping it separate is "illegal"? If it is working and no one is complaining about being separate, then why change it? Add or subtract the "unequal" equipment.

My personal preference would be to work out in a gym that wasn't co-ed. Not that I shouldn't have a right to work in a co-ed gym. It's my personal comfort level with my like gender. I feel men may feel the same. Nothing wrong with that. Just don't think you have to change it because you think it's illegal to keep it separate.

Former HOA President
LetA (Nevada)
Posts: 2,679
Posted:
Question: The gym equipment area in the locker rooms, do they share the same wall? If they do, open a doorway between the two locker rooms or either add or subtract an equipment piece to make it equal.

Honestly, I think you have a variance here, unless you renovate then you won't have to "make accommodations"check with an attorney in your state.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By TimB4 on 03/18/2019 9:49 PM
Keep in mind that an HOA is considered a private (not public) organization.


For HOAs, being 'private' is irrelevant. See
https://www.hopb.co/discrimination-complaint
https://www.hud.gov/program_offices/fair_housing_equal_opp/examples_housing_discrimination
and many other sites.

In the state of Washington, the applicable statute is RCW 49.60. See
https://apps.leg.wa.gov/rcw/default.aspx?cite=49.60

From RCW 49.60.222(1)(b) "Unfair practices with respect to real estate transactions, facilities, or services":
It is an unfair practice for any person, whether acting for himself, herself, or another, because of sex, marital status, sexual orientation, race, creed, color, national origin, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability:
(b) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;

The courts see amenities like a gym as a condition or privilege of purchase of a home. It is language like the above that the courts use to rule that a housing provider is discriminating. In this case the HOA is providing housing amenities which people use to decide whether to buy a home in the HOA. In theory, a female would see the lesser gym for the women and not want to buy a home in the HOA.

More info at http://www.seattle.gov/Documents/Departments/CivilRights/FH-Guide-Nonprofits_Shelters.pdf

JohnC46 (South Carolina)
Posts: 14,265
Posted:
DB

I say make one big workout area and it be gender neutral.
KerryL1 (California)
Posts: 14,550
Posted:
Look, in my urban neighborhood, every high rise has a gym and some are divided into more than one room, say a room with a couple of TVs and 6 stationary bikes. The very idea that they'd be different with one "less than" the other is repugnant. The idea that one gender can be "kept out" of a superior facility is disgusting. Augustine's citations are good ones.

We have orthodox Jewish women who dress very conservatively who use our pool area.
DB8 (Washington)
Posts: 15
Posted:
MelissaP1, we are not reviewing this issue based on principle alone. There are female members who want to use the kind of equipment that is only being made available to men. And those of us interested in equal access to amenities are open to rearranging the equipment between the two rooms and making them co-ed. We are trying to find a solution that will minimize cost to the community. They may not be the most elegant solutions but they will fix the access issue. But they won't be popular with everyone, and in the past, apparently before I ever lived here, this issue was shut down by those voices. So I don't think the legality of this was ever brought into the discussion, which is why I am exploring that issue. I doubt that our HOA board would want to support the "shut down the discussion" voices if it meant we were knowingly out of compliance with state law.
AugustinD
Posts: 5,144
Posted:
DB8, if push comes to shove, inform your HOA that your group is considering filing a complaint with Washington state's Human Rights Commission. This Commission handles housing discrimination and similar complaints. No attorney needed. See https://www.hum.wa.gov/file-complaint.

My state has a similar enforcing agency. A decade+ ago a certain city in my state was refusing basketball court time to women's teams. A group of us went, "Wha... ?" A kind attorney told me to write a letter to the city and inform the City that a group of us was considering filing a complaint with the state human rights commission. The letter hit the right staff member's desk (a woman's of course). Instantly the women's teams were given basketball court time. That same year the city began to host women's basketball tourneys for the first time ever.
MarkM19 (Texas)
Posts: 1,459
Posted:
You can quit trying to make everyone Happy. It is impossible in the world we now get to live in.

My suggestion is use a tool like surveymonkey.com and ask the questions you have with just a few questions. Take the feedback and let the board make the call with good data. If additional costs would be required make sure that the data is accurate. This particular site only allows one input per household or email address.

Usually you only hear from the vocal minority. It is a mistake to act on partial data.
SueW6 (Michigan)
Posts: 814
Posted:
Plan the entire gym around full useage:

Women: Mon, wed and friday

Men: tues , thurs & sat

Open facility useage: Co- ed: Sundays
RoyalP
Posts: 1,104
Posted:
or:

co-ed 24/7/365

a/k/a 'problem be gone'
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By RoyalP on 03/19/2019 4:15 PM
or:

co-ed 24/7/365

a/k/a 'problem be gone'

I agree.
KerryL1 (California)
Posts: 14,550
Posted:
I'm with RoyP & JohnC. anyone should be able to use ALL gym equipment during ALL the hours that the gym is open. there are times when my gym is busy and other times when I'm the only one using it. The very timid residents should be able to observe when the gym is less occupied.

Nowadays there are plenty of sources to buy conservative workout & swim attire. It's a huge & profitable market.
ND (PA)
Posts: 792
Posted:
Quote:
Posted By MarkM19 on 03/19/2019 9:50 AM
You can quit trying to make everyone Happy. It is impossible in the world we now get to live in.

My suggestion is use a tool like surveymonkey.com and ask the questions you have with just a few questions. Take the feedback and let the board make the call with good data. If additional costs would be required make sure that the data is accurate. This particular site only allows one input per household or email address.

Usually you only hear from the vocal minority. It is a mistake to act on partial data.

I like this idea and have done this in the past with capital improvement project idea generation.

A survey allows all interested people (regardless of what side of the issue they fall on) to provide similar feedback and data. Collect that data, analyze it, develop improvement solutions based on that data, and then monitor and control what happens afterward.

Making a decision one way or the other based on who may be most outspoken or what individual Board Members think or feel could steer you in the wrong direction. Allow the opportunity for all to provide input. Those that care about the issue and outcome will help you out. Those that don't care will ignore the survey. Either way, the option of being involved is provided equally to all. Perhaps most importantly, you will then have the data to support and validate the decisions that you make. Presenting that data back to the vocal minority when they don't get their way should quickly shut down their argument. Or it may not, but at least the Board should feel content that they've done their due diligence in arriving at whatever decision is made.

The survey allows pre-decided selections which is good for many types of questions and makes data analysis simpler. However, I'd also be curious about gathering narrative-type feedback, specifically on what sort of justification people have for keeping the gyms divided by gender.

KerryL1 (California)
Posts: 14,550
Posted:
You make a lot of sense ND, but it would be little more upfront if we wrote "divided inequitably by gender." If one gym were not better equipped and with more choices than the other, there'd be no issue.

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