Joe Cannon, MS

Honest Answers: Health, Wellness, Fitness, Nutrition

Sexual Harassment In The Gym: What To Do If It Happens To You

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Update 8/3/20. Almost every day we hear allegations of sexual harassment. Truth be told, this is nothing new. Unfortunately, harassment like this and other forms has been going on for many years. While we often hear only about incidents involving celebrities, Hollywood directors, and politicians, I wanted to discuss sexual harassment in fitness centers. The fitness industry doesn't talk much about this except maybe a blurb here or there if you know where to look (I do). We never hear it mentioned on TV news either. So when someone working in a gym is sexually harassed –  they might not know what to do.  If you work at a fitness center and are being harassed -sexually or otherwise – or if you are a gym member and experiencing this, let me offer some advice to help.

Also, Read

Before We Start…

Many fitness centers hire younger people who don't understand their rights and don't know what to do when they are sexually harassed. They feel un-empowered. This lack of personal power can fuel the continuation of assaults.

Also, most gyms don't have an on-site human resources department where people can turn for help when sexual assault occurs. To compound this, some might not know what being “sexually harassed” means – so let's define it now.

According to the Equal Opportunity Employment Commission (EEOC), sexual harassment is defined as:

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

  • The victim, as well as the harasser, could be a woman or a man. The victim does not have to be of the opposite gender.
  • The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
  • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
  • Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
  • The harasser's conduct must be unwelcome.”

I'm highlighting the last point because this is not something you have to put up with. Do not suffer in silence. You have the power to do something about sexual harassment.

The law is on your side.

I'm not an attorney, but after hearing reports from those who have experienced harassment in the gym, I wanted to offer some advice.

I want to divide this discussion into the following sections :

  1. Sexual harassment by coworkers
  2. Sexual harassment by personal trainers
  3. Gym members sexually harassing gym staff

I'll also touch on a few other side points along the way too.

Sexual Harassment By Coworkers

What to do if you are being sexually harassed at work? If you work at a fitness center, you need to understand your employer must provide you with a safe and healthy working environment. This includes being safe, from harassment by coworkers. The nature of the harassment can be sexual, mental, bullying, or other forms.

It doesn't matter what your job is, whether it be fitness/ wellness, janitorial, front desk, daycare, lifeguard, etc., you have the right not to deal with the stress of sexual harassment.

The types of issues I'm talking about here can include:

  • Unequal pay /opportunities based on gender
  • Sexual harassment
  • Violence
  • Intimidation

and others…

So what can you do?

The first thing is to fill out an incident report describing what is going on. Incident reports can often be found at the front desk. If you can't find the form, write everything that happened to you. Describe everything, including the names of people involved, locations, times, and dates the harassment occurred. List any witnesses to the events too. If you do an online search for phrases like:

  • Workplace violence incident report
  • Sexual harassment incident report

This can provide you with examples of the types of information to include.

After you have completed the incident report, speak to the general manager (GM) or owner of the club about what is happening to you. Do this in private. Explain to them the nature of the harassment and identify the coworker who is involved.  Present him/her with a copy of your incident report and ask for a quick resolution to this problem. Keep a copy of the incident report for your records.

If you are being sexually harassed by either the general manager or a direct supervisor, determine who they report to and go to that person. If the owner of a fitness center is harassing you, write everything down, call the police and find an attorney.  Most importantly, quit. Do not continue to stay in the abusive situation.

personal-trainers-legal-bible

Personal Trainers Legal Bible. Written by a lawyer who is a personal trainer

The owner/ GM of the club must take swift action to stop the abuse. Continue to document any incidents of harassment occurring after you speak to the owner/GM.

If You Don't Get A Resolution Quickly…

If the owner or GM won't take swift action or what they tell you is not satisfactory, it will be necessary to take this to the next level.  If you work at a national chain of fitness centers (LA Fitness, Retro Fitness, Golds Gym, etc.), call their corporate phone numbers.

Here are the corporate numbers for some of the largest fitness centers:

I've also linked to the Better Business Bureau pages for each of the gyms too. Some gyms don't list contact numbers and/or are made up of many franchises, which is why some fitness centers are not listed. The BBB can help you find the information you need.

Don't Wait Too Long

There may be a time limit on how long you have until you can make a harassment lawsuit.  So the sooner, the better. If the manager of the gym is not working with you, know it's OK to quit. I understand this may not be something you want to do -for financial reasons- but think of it like this: is the money really worth it? Is it worth the stress you are dealing with?

Sexual Harassment By Fitness Trainers

So what do you do if you are being harassed by a gym employee such as:

It's unacceptable.

The nature of harassment does not have to be physical. It can be verbal too. No matter the situation, you need to feel safe. Seek out the owner or general manager of the facility and explain what is happening.

Ask the manager of the fitness center to resolve the problem and also ask to file an incident report. The staff member who is harassing you needs to be made clear their actions cannot continue and if they do, their employment will be terminated.

If the general manager doesn't act quickly on this, take it up with a higher authority. Contact the corporate office or speak to the “regional district manager” of the club.

If the harassment is making you fearful for your safety, contact the police.

If the situation has escalated to the point where you are fearful, quit and work elsewhere.

Can A Fitness Certification Be Revoked?

Personal trainers need to know his/her fitness certification can be canceled/revoked if it can be proven she/he was involved in sexual harassment or other illegal behavior.

Most certification agencies (ACE, ACSM, NSCA, NASM, etc.) have policies in place to deal with these situations. These are often found in documents called Code of Ethics or Code of Conduct.

Here are excerpts I found for a variety of fitness-certifying organizations:

ACE Fitness Code Of Ethics

ACSM Code of Ethics

AFAA Code of Conduct

  • The AFAA Code of Conduct (link goes to a PDF document) states members shall “Comply with all local, state, federal, and providence laws and employer rules regarding harassment and discrimination, including sexual harassment. Note AFAA is now owned by NASM. 

AFPA Code of Ethics

  • The Code of Ethics policies for the American Fitness Professionals & Associates (link goes to a PDF document) (AFPA) states “I will not engage in behavior that represents any conflict of interest between myself, AFPA, the students, and the client .”

IFPA Disciplinary Policies and Procedures

NCCPT Code of Ethics

NSCA Ethics Code

  • The NSCA Ethics Code, states NSCA members “should not condone or engage in unethical behavior and report allegations of unethical behavior.” Violations of the ethics code can result in a variety of actions including revocation of certification and membership. See the NSCA Exam Review

NASM Code of Professional Conduct

  • The NASM Code of Professional Conduct (link goes to a PDF document) document states ” NASM may revoke or otherwise take action with regard to the certification of an individual who is or has been convicted of, plead guilty to, or plead nolo contendere (no contest) to a felony or misdemeanor or has been found through legal process to have been negligent or responsible for injury or harm in performing in his/her professional capacity or have misrepresented his/her qualifications to provide services, including opinions or advice, to the public.” As an aside, I have met one person whose NASM cert was revoked after pleading guilty to marijuana possession. See the NASM Exam Review

NCSF Code of Ethics

  • The National Council on Strength and Fitness (NCSF) code of ethics states: “Sexual misconduct on the part of the trainer is an abuse of professional power and a violation of client trust. Sexual contact or a romantic relationship between a trainer and a current client is always unethical.”

WITS Code of Ethics

Clients Sexually Harassing Personal Trainers

So, what if it's the personal trainer being sexually harassed by the client?

While statistics on this cannot be located, I've become aware of instances where clients have made unwanted advances toward their personal trainers, indoor cycling instructors, etc.

If your client is sexually harassing you, save yourself the headache and pass the client on to another trainer. I understand firing a client can be a financial burden, but trust me, the money is not worth it. You will have a better life when you don't have to deal with the person or their unwanted advances.

How To Fire A Personal Training Client

There are two ways you can fire a client:

  1. Directly tell the client it's not working out and you feel uncomfortable by their advances/comments.
  2. Explain to the client you are cutting back your workload.

The advantage of option #1 is they get feedback on their inappropriate behavior. Hopefully, this reduces the odds of them making others feel uncomfortable in the future. Option #2 is more subtle and has the advantage of diffusing a situation that may get worse.

Regardless of which option you take, the process of stopping the harassment is similar to above and consists of:

  • filing out an incident report (keep a copy for your records)
  • speaking to the owner/general manager about the incident
  • getting updates on the course of action taken
  • continuing to document incidents as they occur

If needed, seek the assistance of the police and court system.

Gym Members Harassing Other Members

According to at least one survey, 24% of women report they prefer exercising indoors to prevent being harassed. While this is unacceptable, it's an opportunity for fitness centers to attract new members.

But, what if the harassment comes from other members of the gym?

In what was probably the most talked-about incident, former Playboy Playmate Dani Mathers, was banned from all LA Fitness locations after posting a Snapchat video of naked women in an LA Fitness locker room. Remember, harassment does not have to be physical or verbal.

Combatting Gym Member Harassment

So, how can fitness centers combat sexual harassment by members? One way is to present each new member with a policies and procedures booklet outlining appropriate and not- appropriate behavior within the fitness center.

These policies can contain anything the management feels is needed such as basic gym etiquette to how to deal with members behaving badly. Having a no cell phone camera in the locker room policy should be a no-brainer.

Examples of Fitness Center Harassment

Arguably, the most infamous sexual harassment case involves Bikram Choudhury of Bikram Hot Yoga fame, who was fined $6.7 million. But there are other incidents too such as:

I am unable to find statistics on sexual harassment in fitness centers. I present these as proof that it does occur. I also want those struggling with harassment now to know they are not alone – and help is available.

What If You Are Accused But Are Innocent?

What if you are accused of harassing someone but you didn't do anything inappropriate? While statistics are not available, I've been told privately it has happened. For example, maybe as a personal trainer, you made a mistake spotting a client during an exercise and it was mistaken for something it was not.

If you made a mistake with a comment or action I think it's best to apologize as soon as possible. Try to get out in front of this off before it festers and escalates.  If you made a mistake spotting an exercise, explain what you were trying to do and apologize for your mistake. If the incident only happened once and you don't have a reputation for that kind of behavior, I'd think most rational people will forgive the transgression.

If you were wrongfully accused of sexual harassment, please leave a comment below on what happened and how you handled it.

Avoiding Sexual Harassment In Fitness Centers

The vast majority of personal trainers are very honorable and would never do any of the things discussed here. So, how can those upstanding trainers reduce the risk of sexual harassment allegations? Besides having personal trainer insurance which covers allegations of sexual misconduct, here are a few ways we can strive to be more professional and reduce risk:

1. Don't date your clients

Personal Trainers Legal Bible

Personal Trainers Legal Bible. Legalities for Fitness Professionals

When I discuss this in classes I teach, I often hear a few snickers from people. This is not a funny thing. Dating your personal training client is just asking for trouble – and it's unethical. Consider the reputation you are getting in the gym – because people do talk. Do you want to be known as “that guy” or “that girl?”

If you are known to others as that kind of a person, you will have difficulty digging yourself out from under the weight of sexual harassment allegations. You will be judged guilty until proven innocent.

2. Keep touching to a minimum

From time to time trainers may need to touch their clients to correct their form. I get this but touching does not need to be a full-contact sport. At the very first meeting with clients, tell them you may need to adjust their form occasionally but you will first always ask their permission first.

All fitness should have a written policy that deals with sexual harassment and discrimination. An attorney can draw this up for you. Such a policy should also be implemented. All staff should read and sign the document. Fitness centers (the employers) should retain these forms for their records.

Employees should be educated on appropriate vs. non-appropriate contact with members, guests, and clients. This includes spotting techniques too.

3. Have witnesses

If you work at a fitness center where body fat measurements are taken using skinfold calipers, you should have a witness in the room (preferably the same gender as your client) and if possible, your actions should be able to be seen by the public.

I think the fear of sexual harassment is one of the main reasons most fitness centers do not use body fat calipers anymore, opting instead for bioelectric impedance devices.

4. Background checks

While fitness centers usually conduct background checks on those who work directly with kids, background checks of all employees might be more encompassing.

5. Institute anti-harassment policies

All fitness centers should have a formal policy as well as in-service education on harassment which all employees must attend before officially being hired. Since many who work in fitness centers are younger and may not have given much thought to this yet, instituting such a policy will help them as they go forward in life too. As outlined in this article such policies should include the following information:

  • Definition of sexual harassment
  • A statement declaring harassment of any kind is not tolerated
  • Procedures /steps for employees to take if filing harassment complaints
  • A guarantee that no retaliation will be taken if sexual harassment complaints are filed
  • What to do if the complaint is about an immediate supervisor

Anti-harassment policies can also be included with new gym member information packets too.

For more information, see this page of the EEOC website.

Stopping Sexual Harassment Before It Starts

The best way to reduce sexual harassment in the gym is by taking action before it occurs. While educating staff and members on what sexual harassment is and instituting policies such as those outlined in this report can help, I think there is no better way to reduce it than to lead by example. Always strive to be professional and treat others with respect.

Any Questions or Comments?

Comments

  1. Joti says

    I was harassed by an instructor at my gym. I was working out by myself and he invaded my personal space. I went and complained to the staff and they told me to leave

    Reply

  2. SKJ says

    My daughter who is 19 years old is a staff member at Planet Fitness. She works until late in the evening and has received some very profane sexual phone calls at the gym. She reported them to her manager who told her this same caller had previously made similar calls to staff member who no longer worked there. The calls were recorded and reported to the regional manager.

    Today, my daughter was cleaning a machine near a man working out on a different machine nearby. She saw the flash on his cell phone go off 2 times and realized he was taking her picture. She went straight to her manager to report the incident. The manager pulled up the video (there are cameras EVERYWHERE in the gym) and they confirmed the incident.

    They confronted the member, with the video, and he completely denied it. Then, the manager informed my daughter that this same member had made an inappropriate comment to one of the other female staff members a few days ago. The manager called the regional manager to report. The RM said to give the member a “final” warning and that was that.

    A “final” warning says to me this member has obviously been warned prior to this evening!!!

    What can my daughter do to make sure she is safe when she is at work???

    Reply

    • Joe says

      SKJ, I feel awful that your daughter has been dealing with these issues! You bring up a good point about the “final warning” issued to that member. That also makes me wonder how many other times they have warned that person? Have you or your daughter tried calling Planet Fitness Corporate about this? Here is the corporate headquarters number: (844) 880-7180.

      About those obscene phone calls, it’s odd that in this age of technology they cannot trace who is calling the gym and making those calls. Since that happened before to someone else too, I’d bring that up to planet fitness corporate too.

      Since your daughter is working in the evening, has she asked for an escort to her car when her workday is over? That is an easy thing they can do.
      Let me know what happens.

      Reply

    • kenneth kelly says

      Perhaps they need to open All woman facilities that is what i think should be enforced to put end to either sex being harassed.

      Reply

  3. V says

    I am a member of Planet Fitness – not an employee.

    Last month I encountered another member who approached me. I was polite but moved on to use one of the machines. He sat down at the machine next to me. I had my headphones on and my tablet on the machine in front of me. He touched me several times to get my attention. I cut my workout short and left shortly after. The next week I commented about it to staff members working the desk. They knew exactly who I was talking about and knew this was an ongoing issue with this guest. A day or so later I called the manager and was assured it would be looked into.

    The same member has approached me since and the staff on duty at the time didn’t seem to be bothered. Wouldn’t even take my name Now, three weeks later the manager has yet to even speak to her staff. She’s brushing me off. Saying “well, I wasn’t there to see it”. The facility is open 168 hours a week and she’s only there for 40 of them. If something happens in those other 128 hours it doesn’t matter?

    I’ve gone above the manager and am awaiting a response. As you said – the staff is young. Maybe too young to know how to handle these situations.

    I’m hoping for a good resolution. They just want me to shut up but I’m not going to.

    I’ve reached out to corporate

    Reply

    • Joe says

      V, I’m so sorry to hear this has happened to you -several times. The fact the staff said they know who the guy means this may be happening to other members too. There’s no excuse for the manager to not address this quickly. Did you email Planet Fitness corporate or did you call them on the phone? I think speaking to someone personally is the fastest way to get a resolution. If you need a phone number let me know and I will try to find one for you.

      I hope you get a fast resolution to this. Please do let me know what happens.

      Reply

  4. Christina says

    Hi, I hope this gets a response. I am a personal trainer and I work in a small fitness studio, there are only 3 employees. 2 are full time, myself and my boss who is the owner. Working so closely with him, it has been brought to my attention by several members that he has touched them inappropriately.

    There is no one else to discuss this with – the other employee is his wife! This has resulted in clients canceling their memberships with him or switching to group classes where they don’t have to be left alone with him.

    They have not made police reports and kind of just shrugged it off but it really bothers me that I had no idea this was going on. Any advice you can offer or suggest would be greatly appreciated.

    Reply

    • Joe says

      Hi Christina, Thanks for sharing this unfortunate situation of what is happening at the gym you work out. I spoke to a friend of mine – a woman – who is also a fitness trainer on how you may want to deal with this. One thing she brought up was if membership is declining to have a suggestion box placed at the front desk. This way members can anonymously share their feelings on what is happening with the owner.

      Its possible the owner is not aware he is making members feel uncomfortable. If that’s the case then this may be a way for him to get the message. If membership is declining significantly the suggestion box idea may be something he would institute.

      Another option is for the members themselves to directly bring this to their attention. Since you did not witness the behavior yourself, it’s something they should do and not you.

      Does any of this help you? I hope you will keep us all posted on how this plays out.

      Reply

  5. G says

    The personal trainer I hired for my husband started texting him at all hours of the day and night for days, weeks and months. She eventually seduced him into an affair. I have the phone records to show the harassment as well as the texts.

    Can I file a complaint? Will they take it seriously?

    Reply

    • Joe says

      G, oh I am SO sorry to hear this. That is such a violation of ethics. Yes you can. If you know the organization who the personal trainer is certified by, contact them and lodge a formal complaint. Sometimes this is as easy as searching online for the personals name and “Personal trainer.” this should reveal who she is certified by.

      There are many fitness organizations such as ACSM, NSCA, NASM, ACE. When you know the organization, go to their website and find their phone number and reach out.

      If you can show them proof, in some cases, this may result in her eventually losing her fitness certification.

      I’m sure they will take you seriously. This may take some time as they probably have procedures in place to deal with this type of issue.

      Please let me know what happens. I am so very sorry this happened to you. I hope you and your husband are able to get past this. I will say a prayer for you both today.

      Reply

  6. Jen says

    I’m being followed around the gym by one of the members. Hes really creeping me out. He wont stop looking at me. Even when I’m training people hes usually close by. I’m new to training have not not yet mentioned this to anyone. What do you think I should do?

    Reply

    • Joe says

      Hi Jen, wow that does sound creepy. I understand how this might be all new to you and feel unsettling. I suggest you go to the manager of where ever you work and tell them whats going on. If you know the owner, go to him/her. They need to document what is going on and take steps to make sure you are safe in the gym.

      I expect you to get a resolution to this problem a few days after you tell whats going on. The important thing to know is you do NOT have to put up with this.
      Do let me know what happens.

      Reply

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Credentials

Joe Cannon, MS has written for several publications including The Journal of Strength and Conditioning, Today's Dietitian, and Prevention. He's been quoted in the New York Times, lectured to NASA and has been a content consultant for Dateline NBC. He's the author of the first book ever published on rhabdomyolysis and exercise. Joe Cannon, has a BS in Chemistry and Biology and a MS in Exercise Science. He is a Certified Strength and Conditioning Specialist (CSCS) and a personal trainer certified by the National Strength and Conditioning Association (NSCA).