Battling Age Discrimination in a Fitness Center
Michelle's Story
This case study centers around Michelle, a 54-year-old Pilates instructor who worked for a Massachusetts fitness center for 17 years. During her tenure, Michelle held various roles, starting as an independent contractor, and later transitioning into a W-2 employee. Her compensation was structured such that she received 65% of the fees for personal training and Pilates sessions, with the fitness center receiving the remaining 35%. Michelle also received a 2.5% commission on the Pilates Studio's gross income each month.
Throughout her employment, Michelle experienced a series of troubling incidents involving age-based comments made by her supervisor. These comments consistently implied that Michelle's age was a significant factor in her compensation, insinuating that she was being paid too much due to her age. What initially began as sporadic remarks soon evolved into an annual recurrence, increasing in frequency with each passing year. These comments deeply concerned Michelle and contributed to a hostile work environment. Shortly before her termination, Michelle's life took an unexpected turn when she began providing essential care to a family member dealing with a serious health condition. This responsibility entailed extensive weekend travel, making it challenging for her to adhere to her previous work schedule. Recognizing the need for flexibility, Michelle approached her general manager with a request to alter her Monday class schedule. Although initially receptive to her request, the general manager failed to take the necessary actions to implement the changes, leaving Michelle in a difficult position as she balanced her caregiving duties with her job responsibilities. As Michelle's employment neared its end, her supervisor once again brought up the contentious issues of her age and compensation, casting doubts on her worth to the fitness center. In a meeting just one week before her termination, he suggested that the center needed to enhance its financial position by making changes related to Michelle's employment. Despite her staunch defense of her position and attempts to offer alternative solutions, he persisted in his stance. This created an atmosphere of uncertainty and further exacerbated the tension between Michelle and her employer, ultimately culminating in her termination. Legal ClaimsMichelle had two primary legal claims relating to her termination employment with the fitness center:
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Our Solution
We filed a complaint with the Massachusetts Commission Against Discrimination ("MCAD") on Michelle's behalf. Early on in that process, we were able to engage with the employer and negotiate a favorable settlement, withour Michelle having to drag her case through protacted litigation.
How Our Employment Lawyers Can Help
Are you in a similar situation? We have years of experience helping people with discrimination and retaliation issues, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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