Grant & Eisenhofer P.A., a law firm founded in Wilmington, announced the filing of sexual assault lawsuit against Massage Envy, the Scottsdale, Ariz.-based therapeutic massage franchisor and largest employer of massage therapists nationwide.
The case centers over locations in California. Grant & Eisenhofer is best known for representing shareholders of public companies in disputes over corporate transactions.
Massage Envy has not commented on the lawsuits, but issued the following statement in 2018.
Grant &. Eisenhofer represents four women who claim they were subjected to groping, digital penetration and other sexual assaults by staff therapists at four separate Massage Envy locations throughout California.
The locations where the assaults allegedly occurred are: Encinitas, Cotati, Daly City and Corona. The lawsuit names Massage Envy’s corporate parent as well as franchise operators as defendants.
The plaintiffs’ complaints state that a high rate of sexual assaults persists because of the company’s “incomprehensible policy and procedure” of directing franchisees to conceal reports of sexual assault allegations in order to protect the brand, and that Massage Envy’s protocol encouraged employees to handle allegations of sexual misconduct “in-house.”
The plaintiffs contend that Massage Envy did not require its franchisees to report sexual assaults of customers to law enforcement or even to State massage therapy boards.
Plaintiffs also maintain that Massage Envy’s protocol instructed franchisees to avoid making any admission or promising to do anything more than to internally investigate complaints of inappropriate touching, then to create an incident report and forward it to the corporate office.
G&E director Elizabeth Graham is representing the plaintiffs in the Massage Envy case, along with associate Paige Alderson.
The lawsuit further accuses Massage Envy of negligently hiring and supervising five therapists accused by the plaintiffs and ignoring the known risk of assault they posed to customers. Plaintiffs contend that therapists accused of assault were allowed to remain employed or were transferred to another franchise location, and in some instances sexually assaulted other customers. The complaints argue that by failing to adequately investigate or punish the therapists, their misconduct was effectively condoned and authorized by Massage Envy.
“Employees who went to management were told not to complain, which sent a message to those speaking up that such conduct was acceptable,” Ms. Graham said. “In at least one instance, male therapists
shamed women clients, claiming they obviously wanted sex by seeking a massage, even though massage treatments are standard at virtually every spa and nail salon in the country. The misconduct itself is disturbing enough at franchise locations, but compounded by the parent company’s lack of reporting and rooting out of the abusers – not unlike the wider sex abuse scandals we’ve seen at the U.S. Gymnastics Association or even the Catholic Church.”
The action against Massage Envy is part of Grant & Eisenhofer’s advocacy on behalf of women in cases stemming from the #MeToo movement. The firm has represented women bringing sexual harassment and workplace abuse claims against companies in technology, financial services and other areas, a release stated.
