Sexual Harassment Prevention Policy

Sexual harassment prevention policy addressing the unique risks in gym environments including close physical contact during personal training, locker room conduct, and member-on-staff harassment.

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What this document covers

Gyms face elevated sexual harassment risk due to the nature of the environment: personal trainers have close physical contact with clients, employees work in revealing workout attire, locker rooms create vulnerable situations, and the power dynamic between trainers and clients can be exploited. Title VII requires employers to take reasonable steps to prevent and correct harassment. The Supreme Court's Burlington Industries v. Ellerth decision makes having an effective anti-harassment policy with complaint procedures an affirmative defense against vicarious liability. This policy must address employee-to-employee, trainer-to-client, client-to-employee, and third-party harassment scenarios.

Key sections included

Definition of sexual harassment (quid pro quo and hostile environment)
Physical contact boundaries in personal training
Appropriate touch protocols for spotting and form correction
Locker room and changing area conduct policies
Member-on-staff harassment procedures
Trainer-client relationship boundaries
Complaint reporting procedures (multiple channels)
Investigation process
Anti-retaliation protections
Documentation and recordkeeping
Annual training requirements

Frequently asked questions

Can personal trainers touch clients during sessions?

Yes, but only with informed verbal consent, for legitimate training purposes (spotting, form correction), in appropriate body areas, and using the minimum contact necessary. The policy should establish clear protocols: always ask before touching, explain what you are going to do and why, offer verbal/visual alternatives, and never touch in sensitive areas.

What do I do when a member harasses my staff?

You have a legal duty to protect employees from third-party harassment. Address the member directly, document the incident, and escalate to membership termination if behavior continues. Your duty to your employees overrides the member's status as a paying customer.

Do I need to train independent contractor trainers?

While independent contractors are not technically your employees under Title VII, you should include them in training to protect your facility and members. Many states extend harassment protections beyond the employer-employee relationship.

Document details

Legal basis: Title VII of the Civil Rights Act (42 USC §2000e); EEOC Guidelines on Sexual Harassment; Burlington Industries v. Ellerth (1998)
Enforced by: Equal Employment Opportunity Commission (EEOC)
Penalty for absence: Without a policy, the employer loses the Burlington/Faragher affirmative defense. EEOC damages up to $300,000 per claim. Without documented anti-harassment measures, employers face vicarious liability for every incident. Class action risk is significant in multi-location gyms.
Category: Employment & HR

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