Same Sex Aide

atherese

We have a health club facility open to the public as part of our campus. A group with disabilities (physical and mental) come twice a week to swim. The group has men and women, but often the aides that come and assist the individuals are only women. On occasion there are problems (dressing/shower/bathroom) that arise in the mens locker room with a disabled individual. We have a small staff and do not always have men and women on staff at the same time. Staff are also uncomfortable assisting individuals with private care. Other members have also expressed concern that some of the individuals are not supervised while in the locker/shower room.

Can we require that groups have a man and a woman along to assist their clients in the locker rooms?

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 01-21-04 AT 03:08PM (CST)[/font][br][br]This comes more under Title III of ADA (public accommodations) than Title I (emplyment).

The Department of Justice is responsible for Title III enforcement (EEOC deals with Title I).

Try the DOL ADA website.

[url]http://www.usdoj.gov/crt/ada/adahom1.htm[/url]

As far as drawing sex distinctions in service aids (as an employment issue), ADA may not address it specifically, but from my reading of various "bona fide" occupational qualifications issues related to employment, sex distnctions may be made when appropriate. I beleive EEOC gudielines and CRA Title VII regulations address that.

Don D

I see your question more as an issue of what you can or cannot require of the patrons (organizations in this case) who use your facilities. Nothing would require the health club to provide attendants to assist with the personal needs of the visiting groups. Your obligation, I would think, extends to the safety of visitors and patrons, such as lifeguards and normal safety requirements imposed on swimming pools open to the public. I cannot imagine, and do not think, that you would be required to provide dressing room attendants or aides or observers to ensure the personal comfort and discreet behavior of those who utilize your facility. I'm no attorney, but, I see nothing wrong with your facility having a policy requiring the sponsor or organization bringing in the group to provide the necessary attendants. And if they do not provide that level of service for their own group, bar them.