Assignment Task: Equality Rights
Scenario: Ross is a trained makeup artist. As a masculine-presenting man, Ross does not wear makeup himself. When he applied to work at "Sophie's Beauty Boutique," he was told point blank that he was not eligible for employment there since they have an official policy that reads as follows: "All makeup artists must be wearing Sophie's cosmetics, including lipstick and eyeshadow, while at work." Sophie's Beauty Boutique said that this occupational requirement exists so that customers can see right away what their cosmetics look like when properly applied. Based on this, Ross filed a sex discrimination complaint with the Ontario Human Rights Tribunal. While Sophie's Beauty Boutique pointed out that "some men wear makeup," Ross countered that the vast majority of men do not. Moreover, the essential roles of a staff person are to know the product, be able to apply it, and sell it to customers - none of which seem to require wearing the product themselves.
Question: Based on what you have learned in this class, how do you think the tribunal should rule? To explain your position, use what you have learned in Unit 2 about equality rights generally and the Meiorin test specifically
Please refer to: Diana Majury, "Women's (In)Equality before and after the Charter" in Radha Jhappan, ed, Women's Legal Strategies in Canada, 2nd ed (Toronto: University of Toronto Press, 2002), pp. 101-134.
British Columbia (Public Service Employee Relations Commission) v. BCGSEU, 1999 CanLII 652 (SCC).