A transgender man is suing 24 Hour Fitness for discrimination after he was told he had to wear a shirt in a sauna while other clients were allowed to bare their chests.
Kaileb Harper, a transgender African-American man, alleged in a lawsuit filed last month in California state court that an employee of the fitness chain repeatedly misgendered him and taunted him by referring to him as “ma’am” — this despite being told his pronouns were “he/him.”
Harper, a 24 Hour Fitness member who used the Bellflower, Calif., location, alleges in the lawsuit filed Dec. 18 in Los Angeles Superior Court that he complained about the employee’s conduct to management.
The worker, who was identified in court papers as “Kenny,” angered Harper when he insisted that the customer wear a shirt in the coed sauna even though “other patrons who identified as male” were not required to do so.
According to the lawsuit, Harper previously used 24 Hour Fitness’s World Trade Center location in Long Beach, which included a gender-neutral bathroom.
Initially, the gender-neutral restroom required a key to access it, but then the gym restricted it to staff-use only, according to the lawsuit.
After Harper lost access, he began using the men’s restroom at the gym.
In 2022, another member allegedly noticed scars on Harper’s chest, following him out of the bathroom and made him feel harassed because he is transgender, according to the complaint.
Harper said he reported the incident to the gym’s management and requested access to the gender-neutral bathroom.
He alleged in the complaint that management made no effort to accommodate him.
Harper said in 2023, he began using the Bellflower location.
Harper alleged in the complaint that he complained about Kenny’s conduct to other employees, but no investigation was conducted and subsequent complaints were never escalated to management.
Harper is suing under California’s Unruh Civil Rights Act and for intentional infliction of emotional distress.
“Due to the repeated acts of discrimination and the failure to remedy it, Mr. Harper has been discouraged from fully utilizing the benefits, privileges and accommodation as a member of 24 Hour Fitness,” the complaint sated.
Harper said as a result, he has “lost past and future income and employment benefits, damage to his career, and lost wages” in addition to “psychological and emotional distress, humiliation and mental and physical pain and anguish.”
The plaintiff is seeking damages in excess of $35,000.
The Post has sought comment from Harper and 24 Hour Fitness.
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