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1. Appendix C: Sample gender-neutral dress code policy

   From: Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants

   These are examples of gender-neutral dress code descriptions based on dress codes already in use in Ontario restaurants, including a wide range of styles and degrees of formality. Note: all positions should include a pants option.

   Below each option they may wish to include, companies can set out guidelines, such as colour, source, style, fabric type and/or pattern, and how the item is to be worn (such as options to roll sleeve or pant cuffs, limitations on skirt or shorts length, any seasonal limitations on wearing the item, etc.).

2. Dress Code checklist for employers

   From: OHRC policy position on sexualized and gender-specific dress codes

   Removing barriers based on sex and gender

   This checklist can help organizations make sure that their dress codes and uniform policies are consistent with Ontario’s Human Rights Code protections relating to sex and gender, as set out in the OHRC’s Policy position on sexualized and gender-specific dress codes.

   Dress codes/uniform policies should:

3. Responses to the inquiry

   From: Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants

   Overall, the response from the companies contacted was positive. Most were aware of concerns relating to sexualized and gender-specific dress codes, and several said they had already changed dress codes, or were making amendments when they received the OHRC’s letter. Over several months, the OHRC provided updates and feedback to all of the restaurants contacted, and engaged in dialogue to help organizations identify and address issues of concern.

   In general, companies expressed positive views about addressing dress code, sexual harassment and gender-related issues, mentioning:

4. Protecting vulnerable workers from discrimination

   From: A bold voice: Annual report 2016-2017

   To coincide with International Women’s Day in March 2017, the OHRC released a new report that outlines commitments made by many of Ontario’s largest and most well-known restaurant chains to eliminate discriminatory dress codes for restaurant staff. Not on the Menu: Inquiry report on sexual and gender-based dress codes in Ontario’s restaurants outlines findings from an inquiry into dress codes at certain restaurants operating across Ontario.

5. Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants

   Approved by the Ontario Human Rights Commisssion: March 2017
   Available in various formats on request

   Introduction

   Since mid-2015, many restaurant workers have raised concerns about sexualized and gender-specific dress codes affecting front-of-house staff in the restaurant sector. Current or former restaurant staff have described their experiences and concerns in the media and social media, started a petition, held events and made human rights and workplace safety complaints.^[1]

6. Conclusion

   From: Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants

   While the OHRC has limited its inquiry to certain companies, the OHRC policy position on sexualized and gender-specific dress codes applies across Ontario. The Policy position and related OHRC tools and resources (Appendix D) are provided to help all companies identify and remove dress code barriers.

7. General comments on uniforms

   From: Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants

   Some restaurant companies underscored the value of uniforms and dress codes in promoting the company brand, ensuring a professional and consistent look, distinguishing staff from patrons, and addressing health and safety-related concerns (such as non-slip footwear, reducing risk of accidents relating to jewelry, and not getting hair in food). These are all legitimate business interests, as long as the requirements do not have a discriminatory Code-related impact.

8. The OHRC’s initiative on sexualized and gender-based dress codes

   From: Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants

   Under the Code, the OHRC works to identify, prevent and eliminate discrimination, and promote and advance human rights across the province. Our goal is to create an inclusive society where everyone is valued, treated with equal dignity and respect, and takes responsibility and action, so human rights are a lived reality. 

9. Ongoing concerns and solutions

   From: Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants

   Companies described many good practices and changes to policies. However, the responses also identified areas for improvement.

10. Support for women and families

    From: Annual Report 2015 - 2016: Reconnect. Renew. Results.

    End sexualized workplace dress codes that discriminate

    Many restaurants and bars still require women to dress in high heels, tight dresses, low-cut tops and short skirts. Human rights decisions have found these policies and practices to be discriminatory. They make employees more vulnerable to sexual harassment, contribute to discriminatory work environments and exclude people based on sex, gender identity or expression and creed.

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