Rights of Transgender and Nonbinary People in Gyms and Spas

Visiting gyms and spas can be an essential part of maintaining physical and mental health. The California ACLU affiliates are working to ensure that gyms and spas are inclusive and respectful of everyone’s gender identity.

No. Under the Unruh Civil Rights Act (Civil Code § 51), business establishments in California may not deny anyone “full and equal accommodations, advantages, facilities, privileges, or services” because of their sex, gender, gender identity, or gender expression (as well as other traits like race, national origin, religion, and disability). This means people who are transgender or nonbinary have the right to full and equal participation in a gym or spa experience, including access to locker rooms and other spaces based on their gender identity.

Yes. You have the right to use the gender-segregated facilities (including restrooms, locker rooms, etc.) that correspond to your gender identity, regardless of your assigned sex at birth. A gym or spa cannot force you to use facilities that do not correspond with your gender identity, or deny you access to facilities that do correspond with your gender identity.

If there are gender-segregated facilities, the staff may ask about your gender. For example, they may ask for your gender to assign you space in the appropriate locker room. If asked, you can tell them your gender identity.

No. Businesses cannot require a driver's license, birth certificate, court order, medical record, or other identification to access gender-segregated facilities or amenities.

A gym, spa, or other similar business can legally divide its locker rooms or other facilities into “men’s” and “women’s”. However, if your gender identity is nonbinary, you can use the facility in which you feel most comfortable – the business doesn’t get to choose.

Yes. If a gym or spa has a gender-specific dress code, it is your right to follow the part that is most consistent with your gender identity. The business cannot dictate which dress code you follow. Businesses can better accommodate everyone by doing away with gender-specific dress codes.

No. Businesses have a legal responsibility to prevent and address harassment by staff and other customers. Harassment can be verbal, written, or physical. Some examples of harassment could include threats, physical touch or violence, unwanted sexual conduct, filming someone without their consent, and consistent and intentional misgendering.

• Make sure your business has clear policies prohibiting discrimination and harassment against transgender and nonbinary people, and specifically allowing all customers and employees to use the facilities that align with their gender identity.
• Train your staff on proper implementation of those policies, including how to handle and de-escalate any conflict that may arise.
• Train your staff not to make gendered assumptions (e.g., addressing an exercise class as “ladies” or a prospective member who walks in for the first time as “sir”).
• Set up your enrollment forms and computer system so customers can specify the name and pronouns they go by, and make sure staff consistently use them.
• If your establishment has a dress code, make sure it is gender-neutral, or remove the dress code entirely.
• Provide comprehensive gender diversity and inclusion trainings to your employees, preferably with trans and non-binary trainers who can share their own experiences.

If you believe your rights have been violated by a gym, a spa, or another business establishment, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). You can contact the DFEH at contact.center@dfeh.ca.gov or (800) 884-1684 if you have questions.

If you would like more help understanding your rights (or responsibilities), please contact your local ACLU affiliate:

ACLU of Northern California: (415) 621-2488

ACLU of Southern California: lgbtqoutreach@aclusocal.org; (213) 201-8918

ACLU of San Diego & Imperial Counties: info@aclusandiego.org