Reference no: EM131124753

Get Fit is an up and coming comprehensive fitness facility which hopes to one day compete with the likes of Gold's Gym and Planet Fitness. However, the recent economic downturn has been hard on this upstart business and last July they fired 11 workers (aerobics instructors and personal trainers; 10 males and 1 female). Since then, they have been able to hire all but one of the 11 workers back. The worker they didn't hire back is Becky--who gave birth in November and is still working to lose some of her pregnancy weight gain.

Becky was a 'utility player' for the Get Fit. She was certified as a personal trainer, a certified lifeguard, and certified to teach a number of the fitness classes the club offered. With 15 total years of experience in the fitness industry, Becky remains puzzled why she has not been rehired even though the club has continued to hire additional employees. She can't help but wonder if her complaint to corporate headquarters has played a role. Before being fired, Becky filed a formal complaint against her branch manager and several Get Fits employees.

In her complaint, she stated that female fitness instructors were required to wear tight fitting spandex while teaching classes--this, she says, was presented to be necessary so that the instructors were 'free' to perform all movements and were not in any way impeded by their clothing. Becky noted, however, that the male fitness instructors were free to wear any type of workout clothing they chose.

Becky also noted that while the male personal trainers made $15 per 1/2 hour with a client, she was only making $12 per 1/2 hour. When she asked about a raise, her supervisor said he would pay her $17 per 1/2 hour, but she would have to earn the extra money by giving private training sessions to him.

Finally, Becky complained the male employees of the club (who outnumbered women 5:1) could often be heard discussing their weekend 'bedroom' activities, telling sexual and homophobic jokes, and making lewd gestures to one another and the female employees.

While Becky could use the income, she is somewhat relieved that she no longer has to work for Get Fit and has decided to look for employment at other fitness facilities. She is also considering contacting the local news to speak out about working conditions at Get Fit and has been encouraged by her family to file a law suit.

Using constitutional and employment law as a lens, please discuss the fact pattern in detail. What are the key facts of this case? What specific laws are involved in this case? What claims might Becky have against Get Fit? Be specific and detailed. How might Get Fit defend themselves against such claims? Be specific and detailed. In your opinion, who is likely to win if this case were to go to trial? Why? Be certain to use correct course terminology in your response and refer to specific sections of the law as well as relevant cases where appropriate.