The case of a trans woman who was denied membership in a Franconian women’s gym could have legal consequences. “This is now a case for the courts,” said the Federal Anti-Discrimination Commissioner, Ferda Ataman, to the German Press Agency in Berlin. A women’s gym in Erlangen had turned the woman away.
The woman, who was born in a man’s body, wanted to become a member of the studio. The 28-year-old is recognized as a woman, but has not yet undergone gender reassignment surgery, as she told the dpa.
After being rejected, she turned to the Federal Anti-Discrimination Agency, which can be reached via a contact form on the Internet. The agency, which was set up in 2006 in the Federal Ministry for Family Affairs, promises those affected an initial assessment of suspected cases of discrimination and advice on possible further action.
The anti-discrimination office then wrote a three-page statement to the fitness studio in mid-May. According to the letter, the rejected customer is considering taking civil action. Among other things, it is further stated that the office is legally permitted to attempt to mediate in such a case.
“In this sense, we would ask you to consider what options and starting points exist for an amicable solution (…) on your part.” The letter from Ataman’s office to Erlangen continues: “For example, we would suggest that you pay appropriate compensation in the amount of 1,000 euros for the personal injury suffered.” The person affected even refrained from using the showers and changing rooms.
The studio rejected the proposal. The fitness studio’s lawyer argued that whether discrimination had occurred should be decided by a court, not an authority, as he told the dpa. The Bielefeld lawyer responded on Ataman’s behalf: “Apart from the fact that it is not your job to assert claims for compensation for your petitioners, you are also usurping judicial powers.”
One and a half weeks after the letter from Berlin to Erlangen and six days after the lawyer’s letter, the portal “Nius”, which is run by former “Bild” editor-in-chief Julian Reichelt, took up the case. The headline: “Government wants 1000 Euro fine for women’s gym because it won’t let a man in the shower”.
The gym owner said: “With all due respect for the lady’s situation, we only have one large training room, one changing room, one shower. 20 percent of our members are Muslims. The women come to our gym specifically to train in a safe environment for them.” It would seem to the customers “as if I were letting a man train there.” A long public debate on the case followed on the X platform.
The Federal Ministry of Justice headed by Marco Buschmann (FDP) explained in response to the portal’s query: “Legal opinions of the Anti-Discrimination Agency (ADS) are not binding for courts or other bodies. The ADS is not authorized to impose sanctions such as fines or similar.” The agency can make suggestions for amicable settlements, but these are not binding. Differential treatment based on gender is permitted if there is an objective reason for it.
“An objective reason may also exist in particular if the different treatment takes into account the need to protect privacy or personal security.” The Self-Determination Act does not change this: “The text of the law expressly states that freedom of contract and house rules are not affected.”
Ataman stressed that her position is independent and that the law gives her the opportunity to try to prevent cases from ending up in court in the first place. Ataman confirmed that the woman concerned had agreed not to enter the changing rooms and showers in the gym. “She just wanted to exercise and in no way wanted to enter the safe spaces for women.” Therefore, in her view, the argument of house rules does not apply here.
Ataman expressly regretted that the studio had ignored settlement proposals. “Now the person affected wants to take legal action,” said the former journalist and former employee of CDU politician Armin Laschet. “If the court finds discrimination here, she is entitled to compensation and damages.”
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