From: Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants
Examples of gendered and/or sexualized dress code requirements or expectations that may violate the Human Rights Code:
Learn more about how the Human Rights-Based Approach (HRBA) framework can help you apply a human rights lens to your workplace policies, programs and services and support Human Rights Code-protected groups.
From: Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants
The OHRC reached out to Restaurants Canada’s Ontario branch and the Ontario Restaurant, Hotel and Motel Association (ORHMA) to discuss the dress code issue and seek their help in addressing it. Over the past year, we have been pleased with the cooperation of both organizations, which have worked to raise awareness, identify and address questions and concerns from their members, and provide tools and assistance to remove dress code barriers and increase human rights compliance.
The ORHMA has[17]:
From: Policy on creed and the accommodation of religious observances
Dress codes, work schedules or shift work sometimes adversely affect individuals because of religious requirements. When this happens, the obligation to accommodate the individual, based on the needs of the group, is triggered under the Code.
From: Policy on preventing discrimination because of gender identity and gender expression
From: Human Rights at Work 2008 - Third Edition
As is noted in Section IV-1a(v) – “Educate and train employees on policies and procedures,” it is expected that all employees will receive human rights training so that they can know and understand their obligations in the workplace. It is very important that this be done for employees providing services to the public and senior staff responsible for hiring, managing performance, accommodations, discipline and handling human rights concerns. Failing to train these key staff may lead to human rights claims.
Under the Ontario Human Rights Code, discrimination because of religion (creed) is against the law. Everyone should have access to the same opportunities and benefits, and be treated with equal dignity and respect, regardless of their religion. Religion includes the practices, beliefs and observances that are part of a faith or religion. It does not include personal moral, ethical or political views. Nor does it include religions that promote violence or hate towards others, or that violate criminal law.
This case involved a transgender boy, Jesse Thompson, who was denied access to the boys’ locker room the rest of his amateur hockey team used during the 2012-2013 hockey season. Jesse alleged that this resulted in him being ‘outed’ as trans, excluded from important team interaction and bonding, and exposed to harassment and bullying.
April 2014 - People who are transgender, or gender non-conforming, come from all walks of life. Yet they are one of the most disadvantaged groups in society. Trans people routinely experience discrimination, harassment and even violence because their gender identity or gender expression is different from their birth-assigned sex. Under the Ontario Human Rights Code (the Code) people are protected from discrimination and harassment because of gender identity and gender expression in employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations.
From: OHRC policy position on sexualized and gender-specific dress codes
March 8, 2016 - The OHRC recognizes the severe impacts of sexual harassment on working women and trans people. It can reduce employees’ morale, decrease productivity and contribute to physical and emotional effects such as anxiety, depression and posttraumatic stress disorder. The United Nations’ Declaration of the Elimination of Violence Against Women specifically recognizes that sexual harassment is a form of violence against women.
