在国际妇女节,安省人权委员会发出公告,要求雇主停止歧视女性和跨性别雇员的性感着装要求。
加拿大广播公司记者林赛.杉浦Lindsay Sample最近报道说,许多在加拿大知名的餐馆连锁店工作的女性告诉加拿大广播公司记者,她们感受到必须穿紧身的短裙、低胸的性感服装,上浓妆并穿高跟鞋上班的压力,否则餐馆经理就会在排班时少给你上班的机会。
安省人权专员 Renu Mandhane说:“雇主应该确保他们的着装要求不会强化带性别歧视的刻板性别印象。那样的着装要求会向雇员传递一个信息:雇员的价值和她们的外表有关。这是不对的,而且有可能违反了安省人权法(Human Rights Code)。
安省人权法律支持中心(Human Rights Legal Support Centre,中文简介)行政总监Kathy Laird表示:“优秀的客户服务不需要大胸脯。如果雇主认为乳沟是女性雇员工作技能必要的一部分,她们应该给我们打电话获得法律上的帮助。”
《安省人权法》于1962年通过,该法律保护人们不会因性别、性取向、性别认同/性别表达、年龄、种族/肤色、国籍、来源地、信仰、残障、结婚或单身等受歧视。
OHRC calls for an end to sexualized workplace dress codes that discriminate
In recognition of International Women’s Day, the Ontario Human Rights Commission (OHRC) is calling for an end to sexualized dress codes that discriminate against female and transgender employees. The OHRC makes the call in a policy position on gender-specific dress codes released today.
“Employers must make sure their dress codes don’t reinforce sexist stereotypes,” said OHRC Chief Commissioner Renu Mandhane. “They send the message that an employee’s worth is tied to how they look. That’s not right, and it could violate the Ontario Human Rights Code.”
While International Women’s Day is an opportunity to celebrate the achievements of women, unequal treatment is still a daily challenge. This treatment is often visible in bars, restaurants and other services that require women to dress in high heels, tight dresses, low-cut tops and short skirts. These dress codes persist across the restaurant industry, despite human rights decisions that have found them to be discriminatory. They may make employees more vulnerable to sexual harassment, contribute to discriminatory work environments and exclude people based on sex, gender identity or expression and creed.
“Excellent customer service doesn’t have a cup size,” said Kathy Laird, Executive Director of the Human Rights Legal Support Centre. “I hope women will call us for legal help if cleavage is deemed an essential skill in their workplace.”
The OHRC provides resources and policy guidelines on human rights and dress codes online.
People who believe that their workplace’s dress code or uniform discriminates against them can use their internal complaints process or file an application with the Human Rights Tribunal of Ontario (HRTO). To get legal advice and help in filing applications at the HRTO, contact the Human Rights Legal Support Centre (HRLSC). The HRLSC provides free legal services to people facing discrimination.
Discriminatory dress codes are just one area where there is a significant risk of discrimination. The OHRC continues to work on other issues facing women and transgender people in Ontario. Go to our website for information on the OHRC’s work on sexual and gender-based harassment, violence against Indigenous women (including our call for an inquiry into Murdered and Missing Indigenous Women) and pay equity. See also:
Sexual harassment and sex discrimination at work
Eliminating discrimination to advance the human rights of women and transgender people
OHRC policy position on gender-specific dress codes
Ontario's Human Rights Code, the first in Canada, was enacted in 1962.
The Code prohibits actions that discriminate against people based on a protected ground in a protected social area.
Protected grounds are:
Age
Ancestry, colour, race
Citizenship
Ethnic origin
Place of origin
Creed
Disability
Family status
Marital status (including single status)
Gender identity, gender expression
Receipt of public assistance (in housing only)
Record of offences (in employment only)
Sex (including pregnancy and breastfeeding)
Sexual orientation.
Protected social areas are:
Accommodation (housing)
Contracts
Employment
Goods, services and facilities
Membership in unions, trade or professional associations.
(Source: Ontario Human Rights Commission)
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