The OHRC found that sexualized and gender-specific dress codes
were common in restaurants, bars, and other service industries, either
through formal regulations or informal pressure, creating an unwelcome
and discriminatory employment environment for women. Female
employees’ attire, makeup, and hair were often continually scrutinized to
ensure the employees’ compliance with these regulations. In order to
secure and maintain their jobs, the employees had to agree to the gendered
dress codes and endure exposure to sexual harassment. If they did not agree
to said codes, they faced the risk of losing their tips, shifts, and possibly
their jobs.
The OHRC urged employers to amend such discriminatory dress
codes and also published FAQs for the public and businesses to refer to.
The recommendations for businesses included:
• When establishing dress codes, avoid appearance-based gender
stereotypes or gender discrimination.
• Consider a range of flexible apparel options that allow employees
of/with any gender, gender identity or expression, religious belief, and
physical or mental disability to choose their attire without feeling
pressured or coerced.
• Offer trousers as a uniform option for all female employees in all
positions instead of requiring them to wear skirts.
• Eliminate makeup requirements for women. 51
c) Cosmetics seller gender discrimination complaint, Taoyuan
City Government
A cosmetics company in Taoyuan City required its employees to wear
employee, ordering the restaurant to compensate said employee and mandating that
the restaurant’s management personnel complete online human rights training
provided by the OHRC. See: McKenna v. Local Heroes Stittsville, 2013 HRTO 1117
(CanLII).
51
OHRC policy position on sexualized and gender-specific dress codes. See:
https://www.ohrc.on.ca/en/ohrc-policy-position-sexualized-and-gender-specificdress-codes.
61