When creating a dress code for your business, consider the following: We`ve already published a blog about dress codes and targeted dress codes. A dress code in itself is not the problem, but targeting specific groups – directly or indirectly – is. In this case, women were singled out, which would violate laws prohibiting unequal treatment based on sex. In Ontario, the Human Rights Tribunal in McKenna v. Local Heroes, Stittsville, awarded compensation to a pregnant worker for loss of income and damages after her employer stopped planning her and eventually terminated her employment because she refused to wear a tight uniform under the new dress code. Typically, the employer is responsible for making decisions about dress codes, uniforms, and other dress requirements, as well as who pays for them. [2] For a discussion of dress codes and transgender and gender non-conforming people, see the Ontario Human Rights Commission`s (OHRC) publication, Policy on Preventing Discrimination Based on Gender Identity and Gender Expression, available at www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and-gender-expression. For more information on dress codes that apply to people of different faiths, see the OHRC`s Policy on Preventing Discrimination Based on Creed in www.ohrc.on.ca/en/policy-preventing-discrimination-based-creed. Dress codes that impose stricter rules on women or require women to dress in a “sexy” way rather than practical or safe are harder to defend, but very common. For example, waiters and bartenders are often faced with rules that require tight clothing, miniskirts, and other “sexy” clothing. Cases where these rules have been found to be discriminatory have been successful in recent years, particularly in cases where other factors make the rule even more offensive. For example: rules like these send the message that the value of women as workers is related to their sexual attractiveness, or at least if they are conventionally attractive.
Aversion to these rules prevents some women from applying for or keeping certain jobs. This is naturally discouraging for women whose religious beliefs play a role in their clothing and makeup choices. Other workers have no choice. They accept dress codes that they disagree with because they need money or because there are few alternatives in their field. Many flight attendants likely fall into the latter category, as Air Canada argues that their rule reflects industry standards as a whole. At the same time, these rules have a negative impact on LGBTQ people, especially gender-neutral workers and transgender workers. Makeup or sexy clothing requirements put workers who are not comfortable in gender-specific clothing or makeup in a difficult situation. You should never have to hide your identity at work. You should never be forced to discuss your gender identity or sexual orientation with your boss or co-worker if you`re not ready or uncomfortable. These conversations are more than embarrassing.
Trans and gender non-conforming people experience disproportionate levels of unemployment and discrimination in the workplace, often due to the inability to meet gender expectations about how an employee should look or dress at work. In addition, employers who work in safety-critical workplaces should try to accommodate employees who are discriminated against because of a workplace dress code. Housing employees may involve finding other positions within the organization. However, the placement should not require the creation of a new position, nor should employers be required to sacrifice a bona fide professional dress code implemented for security reasons. Ontario employers have the right to establish dress codes and workplace appearance standards that they deem necessary for the safety and operation of their business. You can do this as long as the standards do not discriminate against employees in the manner set out in the Ontario Human Rights Code. Employers may also grant certain freedoms from the dress code on a regular basis or on special occasions, such as during a major sporting event. Here`s what business owners should know about allowing ghost clothes in the workplace. With so much hot news buzzing, some may have missed the story of the MOSAiC Arctic Research Mission`s dress code. Apparently, the women on board the ship were ordered not to dress in tight-fitting clothing, especially leggings, crop tops, shorts, warm pants and “nothing too revealing.” The head of the mission apparently considered that this was a “security problem” because “there are many men on board this ship.
And some of them will be on board this ship for months. Ah hem. Sexualized and gendered dress codes are all too common in some restaurants and bars and can be found in other services. Whether in formal politics or informal practice, they contribute to creating an undesirable and discriminatory employment environment for women. Employees may be screened to ensure they comply with the dress code, and there may be employment-related consequences if they do not dress or wear their hair, makeup or jewelry in a certain way. Employees may feel compelled to accept sexualized clothing requirements in order to get a job, or because they fear losing tips, shifts, or even their jobs. The union, which represents Air Canada`s flight attendants, made headlines this month when it filed a human rights complaint against the airline, based in part on its uniform and makeup rules. The union accuses the airline that the airline`s dress code discriminates against workers on the basis of their gender, sexual orientation and race. If your employer has rules about what you can wear at work, you may be wondering: Can my employer make me wear makeup? Under the Code, employers have a duty to remove barriers to women`s full and equal participation in employment, to take measures to prevent sexual harassment and to respond promptly when it occurs.
As part of the Ontario government`s 2015 Action Plan on Sexual Violence and Harassment,[6] amendments to the Occupational Health and Safety Act strengthen employers` obligations to prevent and respond to sexual harassment. Reviewing existing dress codes and eliminating discriminatory requirements can help employers meet these obligations. [7] In some workplaces, employers implement dress codes for specific health and safety purposes. For example, employers in the construction industry often require all workers to wear safety helmets to prevent head injuries.
