Javorsky v. Western Athletic Clubs, Inc.Annotate this Case
WAC owns and operates 10 “luxury” health and fitness clubs in the San Francisco Bay Area and a sports resort in San Diego. WAC offers a range of membership levels, providing various privileges at one or more of its locations. WAC also offers reduced-cost memberships, including corporate employee discounts, senior discounts, and family memberships. The Young Professional program offers a reduced-cost membership for individuals ages 18 to 29. Due to capacity constraints, Young Professional members do not have access to two WAC clubs during specified “peak” hours. In 2013, a Young Professional membership at the Bay Club San Francisco cost approximately $140 per month—$55 less than a standard membership. Javorsky filed a purported class action, alleging that the Young Professional discount constituted illegal age discrimination and violated the Unruh Civil Rights Act, the Consumers Legal Remedies Act, and the unfair competition law. The court of appeal affirmed summary judgment in favor of WAC, finding no arbitrary, unreasonable, or invidious discrimination.