A few years ago a Boston lawyer challenged women-only health clubs as a
violation of Massachusetts' public accomodations law.  He successfully
sued, so the Massachusetts legislature earlier this year passed, and the
governor signed, a bill specifically allowing single-sex health clubs.
Five other states also have similar exceptions to the laws prohibiting
gender discrimination in public accommodations.  At least one court has
allowed single-sex health clubs based on members' rights to privacy, but
others (including Massachusetts) have found the discrimination to be
illegal since exercise is not an inherently private event.  The new
Massachusetts law is expected to be face a constitutional challenge
sooner or later.

        Incidently, the lawyer who wanted to become a member of the women-only
club in Boston also a few years ago sued a number of bars in New York
for offering free drinks to female customers, but not male customers,
during happy hour.  I don't know about the resolution of those
complaints, but I, too, get a number of questions on these topics from
my students.  I don't know whether to be encouraged or discouraged by
the interest students take in these kinds of alleged discrimination.  On
one hand, they can see a form of discrimination that may have a tangible
and direct consequence on their lives, and therefore be led to a greater
understanding of the impact more serious forms of discrimination may
have.  But on the other hand, one would hope that students could
empathize with others without needing to experience (at least, perceive)
discrimination themselves.

                        Dave Marvin
--
David S. Marvin
Assistant Professor of Business Administration
Illinois Wesleyan University
P.O. Box 2900
Bloomington, Illinois 61702-2900
Voice: (309) 556-3099    Fax: (309) 556-3719
e-mail: [log in to unmask]