After nearly two years of litigation, a Michigan court ruled against plaintiff Yvette Cormier, who filed a complaint regarding a transgender woman — biological man — utilizing the women’s locker room at Planet Fitness, the Daily Wire reports.
Shorty after joining her local Planet Fitness in Midland, Michigan, Mrs. Cormier encountered a man in the women’s locker room. Feeling uncomfortable, she notified the front desk at Planet Fitness that a man was in the women’s locker room.
In the name of its “no judgment policy,” Cormier was told that whatever sex an individual self-identifies as allows that person to have full access to the corresponding facilities at Planet Fitness.
Regardless, Cormier returned to Planet Fitness for the next two days. During this time, she warned other women about Plant Fitness’s policy. Planet Fitness requested that Cormier stop discussing the matter with other women. Planet Fitness subsequently canceled her membership when she refused to do so.
Cormier sued Planet Fitness “claiming invasion of privacy, sexual harassment under the Elliott-Larsen Civil Rights Act (CRA), retaliation, gender-based discrimination, breach of contract, intentional infliction of emotional distress, and violation of the Michigan Consumer Protection Act,” according to Law Newz.
Just this past Thursday, the Michigan Court of Appeals ruled against Cormier. The opinion stated that the “CRA does not define sexual harassment as being subjected to an opportunity for a person to engage in verbal or physical conduct of communication a sexual nature. Rather the CRA requires that the sexual conduct or communication substantially interfered with the plaintiff’s utilization of public accommodations.”
Even though Cormier felt extremely uncomfortable, since the man did not make any direct sexual advances toward her, the judges declared that she “did not suffer severe emotional distress as a matter of law.” Nonetheless, David Kallman, Cormier’s attorney, contests that “there is no question we’re going to appeal.”