Anti-Discrimination Act. 47 Subsequently, the Office of the Attorney
General, Washington State, representing the WSHRC, filed an
administrative complaint on behalf of the cabin crew, eventually leading to
Alaska Airlines changing its dress code to eliminate all gender-based
restrictions on uniforms, hair, makeup, etc. and providing its upper
management with additional training on civil rights, gender identity, and
gender expression.48
b) Food and Beverage Industry Dress Code Inquiry, Ontario
Human Rights Commission (OHRC), Canada
In 2016, a series of investigative reports released by the Canadian
Broadcasting Corporation (CBC) exposed the fact that many Canadian
restaurant chains mandated that their female servers wear revealing, tight
miniskirts, high heels, and low-cut tops as part of their uniforms, placing
these women in a position where they were exposed to sexual harassment
and potential injuries, due to the fear of losing their jobs.49 In response,
the OHRC initiated an inquiry to investigate dress codes in the food and
beverage industry to determine whether they were overly sexualized or
gender-based.50
47
Justin Wetherell v. Alaska Airlines. WSHRC: 17EX-0549-20-1 EEOC: 38G-202100254 (Dec. 30, 2020).
48
Office of the Attorney General, Washington
State website::
https://www.atg.wa.gov/cases; ACLU (April 27, 2023), Groundbreaking Consent
Decree Requires Alaska Airlines to Change Discriminatory Gendered Uniform
Policy [Press release].
49
See: Lindsay Sample/Marketplace (March 7, 2016). “Restaurant dress codes: Sexy
outfits for female staff may be discriminatory.” CBC News. Additionally, in 2016, a
campaign demanding large restaurant chains stop sexist dress codes in restaurants
was launched. See: “Stop sexist dress codes in restaurants” campaign website.
50
Before the OHRC initiated its inquiry, multiple lawsuits concerning restaurant and
bar uniforms had been filed. For example, a former employee of a Canadian sports
bar and restaurant chain filed a lawsuit at the Ontario Human Rights Tribunal against
her restaurant for gender discrimination. The restaurant had instituted a new dress
code requiring female servers to wear revealing, tight miniskirts, high heels, and
low-cut tops. The employee, unable to comply with the new rules due to her
pregnancy, was eventually dismissed. In 2013, the OHRC ruled in favor of the
60