ACLU and Nebraska same-sex couple accuse Omaha Genesis Health Club of discrimination • Nebraska Examiner

OMAHA – A same-sex couple in Omaha filed a formal complaint with the Omaha Human Rights and Relations Board on Thursday alleging discrimination at Genesis Health Clubs.

In the Complaintfiled by the ACLU of Nebraska on behalf of Abbey and Mary Cherney, the couple claims Genesis required proof of their marriage certificate to qualify for a discounted membership fee. The Cherneys claim they know of several heterosexual couples who were not required to provide a marriage certificate for the discount, thus delaying the benefit.

Omaha Municipal Code prohibits discrimination on the basis of gender and sexual orientation in public establishments, including hotels, gyms and other publicly accessible areas.

“We want to ensure that no other couple faces this type of discrimination because of their partner,” the Cherneys said in a statement. “We hope Genesis will review its policies to ensure its gyms are for everyone, including anyone whose marriage is similar to ours.”

“A feeling of otherness”

The complaint alleges that Abbey Cherney joined Genesis Health Clubs as a paying member on November 9, 2020, and on or about January 14 of that year, the couple requested that Mary Cherney be added to the account to take advantage of the club’s discounted dual membership rate for married couples.

At that time, the couple was told they had to present their marriage certificate, which they did on Jan. 15, the lawsuit says. The membership was not changed until Jan. 30.

The Cherneys and the ACLU pointed to this delay in a fitness center and gym that, according to Grant Friedman, legal expert at the ACLU of Nebraska, should fundamentally be a place where everyone strives for improvement and that should be open to all.

While the Cherneys ultimately received the discounted membership, Friedman said, Genesis set a precedent by immediately admitting some spouses but not others.

“It also conveys a sense of otherness and a feeling that their marriage is not as valid as the heterosexual marriages that were immediately added without verification,” Friedman said.

Friedman said the Human Rights Commission has 10 days to review the complaint and send a copy to Genesis, which would lead to an investigation. If a discriminatory practice is found, it could lead to an informal process where Genesis must correct it.

If no agreement can be reached or Genesis does not comply with the investigation, it could lead to formal legal action, Friedman said.

“We hope that Genesis and we can quickly come to an agreement to ensure that such discriminatory practices no longer occur and that Nebraska and its gyms remain an open place where everyone can be who they are,” Friedman told the Nebraska Examiner.

Genesis: “A misunderstanding, and rightly so”

The Examiner submitted the complaint to Jake McCabe, vice president of marketing for Genesis Health Clubs, for response. He confirmed Abbey Cherney’s membership history, including the couple’s question about the discounted plan, which added a $30 surcharge to a monthly total of $79.18.

McCabe said Mary Cherney presented an ID that read “Mary Grace Miller.” McCabe said company policy states that spouses with different last names or addresses must provide a marriage certificate or proof of a joint account to receive the discount. A copy of the policy was not immediately available, but McCabe said he asked his human resources department for a copy.

The Cherneys’ marriage license was issued and entered into the system on Jan. 18, McCabe said. The changed membership took effect on Jan. 30, and the couple received a bill for the first time on Feb. 15.

“I suspect it was executed correctly, but perhaps not communicated as well as it should have been. I think it was really just a genuine misunderstanding,” McCabe told the Examiner.

“We would like to speak with them to clarify the matter and make sure everyone is on the same page.”