Ontario Human Rights Commission calls for end to skimpy dress codes

Women who work in restaurants and bars should not beforced to wear high heels, short skirts and low-cut tops, human
rights activists saidTuesday, calling for an end tosexualizeddress codes for female workers.

"Excellent customer service doesn't have a cup size," saidKathyLaird, executive director of the Human Rights Legal SupportCentre in Toronto. "I hope women will call us for legal help ifcleavage is deemed an essential skill in their workplace."

• Sexy outfits for female staff at restaurants may be discriminatory
• Restaurant dress codes open to sexual discrimination complaints
• Skimpy Bier Markt dress code leads to human rights complaints

The Ontario Human Rights Commission (OHRC) issued a policy paper ongender-specific dress codesTuesdayto coincide with InternationalWomen's Day, calling for an end to clothing requirements thatdiscriminate against female and transgender workers.

The move follows an investigation by CBC's Marketplace into skimpy uniforms that some restaurants require their female staff to wear.

"Employers must make sure their dress codes don't reinforcesexist stereotypes," said theOHRC's chief commissioner Renu Mandhane. "Theysend the message that an employee's worth is tied to how they look.That's not right."

Women should not be expected to dress in a sexualized way toattract clients, the commission said in its policy paper, which alsopointed out that "unequal treatment" is still a daily challenge
for women at work.

"This treatment is often visible in bars, restaurants and otherservices that require women to dress in high heels, tight dresses,low-cut tops and short skirts," it said.

"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 sexualharassment, contribute to discriminatory work environments andexclude people based on sex, gender identity ... or creed."

The commission also said sex-based dress codes undermine women'sdignity, and may make them more vulnerable to sexual harassment fromother staff, customers and management.

'Frank conversations'

Ontario Women's Issues Minister Tracy MacCharles said womenshould feel empowered to complain about any issues they may havewith a dress code at work.

"They should have frank conversations with their employerbecause the more we have those, I think the better," she said.

"I was really pleased to hear that a number of them are reallyreasonable in terms of their guidelines for female waitresses, interms of the length of a skirt. They don't, for example, requirethem to wear stiletto heels and things like that."

Rather than forcing companies to make changes throughlegislation, MacCharles said she'd rather talk about the good
employers who have addressed the dress code issue to help educateothers.

"My hope is that these restaurants will be progressive, thatthey will provide reasonable parameters for dress codes that arerespectful," she said. "I imagine their patrons will be absolutelyfine with that."

There's nothing wrong with companies wanting wait staff to wearuniforms or have a standard look in how they dress, addedMacCharles."It's very important that women be respected in the workplace,
equally as men."

Restaurants Canada, an industry association, declined commentTuesday, and directed reporters to its website, which says male andfemale staff uniforms should be equivalent or similar in terms ofstyle and design.

"Ensure your dress code complies with provincial human rightslegislation," it says. "Ensure that your dress code allows forcultural and religious accommodations, such as head scarves and hairstyles."

Hooters U.S. parent company did not respond to requests forcomment on the dress codes in its restaurants across Canada.