An EOS Fitness sexual harassment lawsuit filed in San Diego County alleges that a gym’s general manager pressured a membership sales employee for sex, suggested her promotions depended on it, and sexually assaulted her. At Makarem & Associates, we represent her. The complaint also alleges that after she resigned, a district manager told her not to report what happened.
Many people believe that once they’ve left a job, it’s too late to speak up. It usually isn’t. And a manager telling you to stay quiet doesn’t change what the law allows you to do.
A New Sales Job and a Manager Who Allegedly Controlled Her Pay
According to the complaint, our client was hired in late 2025 to sell gym memberships at an EOS Fitness location in San Diego County. The location’s general manager was her direct supervisor.
The complaint alleges he had authority over the terms and conditions of her job, including her work assignments, walk-in appointments, sales opportunities, and commissions. In a commission-based sales role, that kind of control can shape how much someone earns.
Unwanted Comments, Images, and Pressure, the Complaint Alleges
In early 2026, our client says, she attended a sales training at another EOS Fitness location, where that location’s general manager followed her to the parking lot and asked her out. She reported it to her own general manager. To her knowledge, the complaint says, nothing was done.
Soon after, the complaint alleges, her general manager began sexually harassing her. He allegedly made repeated sexual comments, commented on her body and personal life, engaged in unwelcome physical contact, showed her sexually explicit images, and repeatedly pressured her to have sex with him. Because he controlled her job, she feared that rejecting him or reporting him would put her job at risk, the complaint says.
Pressure Outside Work, and an Alleged Sexual Assault
According to the complaint, the general manager repeatedly pressured our client to spend time alone with him outside of work until she reluctantly agreed. On multiple occasions, the complaint alleges, he encouraged her to drink excessive amounts of alcohol before taking her to hotel rooms.
Our client says she repeatedly told him she did not want sexual activity with him and, more than once, physically resisted. The complaint alleges he ignored her refusals and, on at least one occasion, sexually assaulted her after she had fallen asleep. Immediately afterward, the complaint alleges, he told her he needed to get her promoted.
What Is Quid Pro Quo Sexual Harassment?
Quid pro quo harassment generally means making job benefits, like promotions or better assignments, depend on submitting to sexual demands. The complaint alleges the general manager repeatedly suggested her promotions and other favorable treatment depended on submitting to him.
Under California’s Fair Employment and Housing Act (FEHA), an employer is generally strictly liable for sexual harassment by a supervisor, and the supervisor can be held personally liable (Gov. Code § 12940(j)). The test is whether conduct was severe or pervasive, and a single serious incident can be enough (Gov. Code § 12923(b)).
Rejected, Then Allegedly Given Fewer Opportunities
When she rejected his advances, the complaint alleges, the general manager became hostile, reduced her work opportunities, interfered with her ability to earn commissions, and otherwise treated her adversely.
As a result of the harassment, the alleged assault, and his abuse of supervisory authority, the complaint alleges, her working conditions became so intolerable that a reasonable person in her position would have had no reasonable alternative except to resign. She resigned in spring 2026.
Can Quitting Count as Being Fired?
Sometimes. As a general matter of California law, a resignation can be treated as a termination, called a constructive discharge, when the employer intentionally created or knowingly permitted conditions so intolerable that a reasonable person would have no reasonable alternative but to resign. It’s an objective, fact-specific standard. Our wrongful termination page explains more.
Told Not to Report It, She Alleges
After she left, the complaint alleges, a district manager contacted our client, and she told him she had resigned because of the general manager’s sexual harassment. Instead of investigating, sending her to Human Resources, or asking her to return with assurances that the harassment would stop, the district manager allegedly instructed her not to report the misconduct and to leave it in the past.
In July 2026, our client says she submitted a written report of the sexual harassment and sexual assault to the company, including Human Resources, a senior regional sales executive, and its talent team. The complaint alleges the company failed to remedy the situation or offer her reinstatement.
Where the Case Stands
Our client filed suit in San Diego County Superior Court in July 2026 (Case No. 26CU038681C), after receiving a right-to-sue notice from the California Civil Rights Department. The defendants are EOS Fitness San Diego LLC, Sports Arena Fitness LLC, the general manager individually, and unnamed Doe defendants.
The claim for Sexual Harassment and Hostile Work Environment in Violation of FEHA is brought against all defendants, including the general manager individually. The claims for Sex Discrimination in Violation of FEHA, Failure to Prevent Harassment & Discrimination in Violation of FEHA, Wrongful Termination in Violation of Public Policy, and Retaliation in Violation of FEHA are brought against EOS Fitness San Diego LLC and Sports Arena Fitness LLC.
The complaint also states that any arbitration agreement is unenforceable as to this action under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The case is pending, and we’ll continue to share updates as the case moves forward.
What This Case Can Teach Other California Employees
No two cases are the same, but these points apply to many California workers:
- Promotions tied to sex are quid pro quo harassment. When someone with power over your job connects advancement to sexual demands, that is one of the most serious forms of harassment under California law.
- Harassment doesn’t stop counting at the door. A supervisor’s conduct away from work can still be part of a hostile work environment, depending on the facts.
- Saying no can be protected. Refusing a supervisor’s sexual demands can count as opposing harassment, and losing sales opportunities or commissions afterward can be retaliation, depending on the facts.
- Leaving your job doesn’t end your rights. You can still report harassment and pursue claims after you resign, within the filing deadlines, which are often shorter than people expect.
- A manager can’t make the problem disappear by telling you to drop it. Being told to leave it in the past isn’t an investigation. Our sexual harassment FAQs and complete guide cover your options.
If you’re dealing with sexual harassment at work anywhere in California, you don’t have to sort out your options alone. Makarem & Associates offers free consultations to help you understand what happened, what your rights are, and what steps make sense for you. Reach out to us. We’re here to listen and to help.
This article is based on allegations made in a publicly filed legal complaint. The allegations described are not yet proven in court, and the defendants are entitled to respond and defend themselves. Our client’s name and the names of the individuals involved have been withheld out of respect for their privacy. This article is for informational purposes only and does not constitute legal advice.
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