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Administrative Appeal Supreme Court Slip Opinion

by Booth, George


SC20538 - Commission on Human Rights & Opportunities v. Edge Fitness, LLC (Sex Discrimination; Whether Women Only Workout Area in Gym Amounted to Sex Discrimination Prohibited by General Statutes § 46a-64; Whether Trial Court Properly Found Activity Exempt. "This appeal presents a significant question of first impression with respect to whether the Public Accommodation Act, General Statutes § 46a-64, contains an implied customer gender privacy exception to its general prohibition against sex based discrimination. The plaintiff, the Commission on Human Rights and Opportunities (commission), appeals from the judgment of the trial court dismissing its administrative appeal from the decision of the commission's human rights referee (referee), who found that the defendants Edge Fitness, LLC (Edge Fitness) and Club Camel, Inc., Bloomfield, doing business as Club Fitness (Club Fitness), did not engage in discriminatory public accommodations practices. On appeal, the commission claims that the trial court incorrectly concluded that women's only workout areas in otherwise public gyms did not violate § 46a-64 because that statute contains an implied customer gender privacy exception. We conclude that the exceptions to the general prohibition against discrimination on the basis of sex in public accommodations are limited to those expressly provided by the plain language of § 46a-64 and, therefore, that there is no implied customer gender privacy exception to the statute. Accordingly, we reverse the judgment of the trial court.")