Reference no: EM132817258

Scenario #1

Ping works at a CPC Computers, a large multinational corporation. Ping is non-binary. Ping approaches you, as their HR manager, to advise that there are no bathrooms that Ping feels comfortable using. Ping asks for a key to the handicapped washroom or ask that one of the bathrooms be designated as unisex. You approach the Chief Operating Officer, Kerri, to discuss Ping's request. You know Kerri is going to ask you how to solve this issue, while not breaking the bank, so you go to the meeting prepared with alternatives.

Please answer the questions detailed below based on the stated fact pattern.

I. Facts

You work for After-Work Bar and Restaurant as their HR manager. The owner of After-Work Bar and Restaurant come to you and advise that they want to implement a dress code for their wait-staff, but have heard there may be restrictions on what they can require.

II. Questions

Please answer all questions from a legal and human rights perspective.

1. The owner wants to have the male wait-staff wear a polo shirt, jeans and running shoes and the female wait-staff wear a v-neck shirt, skirt and high heels. What advice do you give the owner? Your answer should include reference to the following:

a. Grounds for discrimination

b. Why it may be discriminatory

c. How After-Work Bar and Restaurant can avoid allegations of discrimination

2. The owner tells you that their customers want to see women in more revealing clothing and is afraid that if the female wait-staff are allowed to wear less revealing clothing their business will decline. The owner asks if they can argue that the dress code is a bona fide occupational qualification. What do you tell the owner? Your answer should include reference to whether the job requirement is a BFOQ/BFOR, why it is or is not a BFOQ/BFOR.

3. Do you have any legal/human rights concerns regarding the impact of the owner's proposed dress code on transgender employees or employees who do not identify as male or female? If so what are they? If so, what advice do you give the owner to avoid allegations of discrimination?

4. Identify a linkto an Ontario Human Rights Commission policy that you think might assist you in explaining your position to the owner of After-Work Bar and Restaurant. (Just copy and paste the internet link from the Ontario Human Rights Commission website)