Detroit, Michigan – Lisa Esser of Sommers Schwartz, along with Megan Bonanni and Kevin Carlson of Pitt, McGehee, Palmer, Bonanni & Rivers, has filed a lawsuit in the Oakland County Circuit Court on behalf of two former employees of Goldfish Swim School-Rochester. The plaintiffs, identified as Jane Doe 1 and Jane Doe 2, allege in the lawsuit that they were secretly recorded while undressing in the school’s changing rooms by a customer, Oumair Aejaz, whose children were enrolled as students at the school.

The lawsuit names both Goldfish Swim School and Aejaz as defendants and seeks damages for invasion of privacy, emotional distress, and negligence.

From 2020 to 2023, Jane Doe 1 and Jane Doe 2 worked as swim instructors and deck supervisors at Goldfish Swim School-Rochester. As part of their employment, they were required to change into their uniforms in the facility’s community changing rooms, which the lawsuit claims lacked sufficient privacy and security measures. According to the complaint, the school’s changing stalls were designed with substantial gaps between the walls and the floor, exposing employees to the risk of being recorded or viewed without consent.

According to the lawsuit, those gaps allowed Aejaz to install hidden recording devices in the changing rooms. Attorney Esser stated, “these swim schools have over 150 locations, and teach more than 185,000 kids on a weekly basis – how many of these locations are vulnerable to this type of horrific act? How many children and employees are at risk of being exposed because adequate privacy measures are not in place?”

Aejaz is accused of using these devices to secretly record women and children at the facility, including the plaintiffs, without their knowledge or consent.

Criminal Charges Against Dr. Oumair Aejaz

On August 7, 2024, Dr. Oumair Aejaz was criminally charged by the Oakland County Sheriff’s Department for secretly recording women and children at Goldfish Swim School and various hospitals in the Detroit area, where he was employed. The investigation, led by Sheriff Michael Bouchard, uncovered evidence suggesting that Aejaz may have victimized thousands of individuals over the years. Law enforcement is continuing to identify the victims, and both plaintiffs were contacted in late August 2024 after being identified in videos recorded at the swim school.

Both Jane Doe 1 and Jane Doe 2 confirmed with investigators that they were recorded while undressing in the facility’s community changing rooms. Since learning of these recordings, the plaintiffs claim that they have suffered significant emotional and psychological distress, including anxiety, depression, nightmares, and sleep disturbances.

In the lawsuit filed in the Oakland County Circuit Court, the plaintiffs accuse Goldfish Swim School of negligence for failing to implement proper security measures in its changing facilities, despite knowing the risks associated with such public, unsupervised spaces.

The lawsuit also alleges violations of the Elliott-Larsen Civil Rights Act (ELCRA), which prohibits discrimination on the basis of sex in the workplace. The plaintiffs argue that by requiring them to undress in a vulnerable, unsecured environment, Goldfish Swim School exposed them to the risk of sexual harassment and invasion of privacy.

In addition to seeking compensation for their emotional and psychological injuries, the plaintiffs are asking the court to order Goldfish Swim School to reform its changing room facilities and employment practices to better protect the privacy and dignity of its employees.

The case, titled Jane Doe 1 and Jane Doe 2 v. Goldfish Swim School-Rochester and Oumair Aejaz (Case No. 2024-210041-CZ), is currently pending before Judge Cheryl A. Matthews in the Oakland County Circuit Court.

CASE INFORMATION
State of Michigan Circuit Court, County of Oakland
Jane Doe 1, Jane Doe 2, vs BHB INVESTMENT HOLDINGS I, LC d/b/a Goldfish Swim, Individually, Oumair Aejaz
Case No. 2024-210041-CZ