Woman fired over dress code sues employer

Can you fire an employee for refusing to wear a bra to work?

For Christina Schell, being forced to wear one even though it gives her discomfort is a human rights violation.

“It’s gender-based and that’s why it’s a human rights issue,” she said. “I have nipples and so do the men.”

Schell lodged a complaint before the BC Human Rights Tribunal against her former employer Osoyoos Golf Club, claiming she was fired for refusing to wear an undergarment.

The company’s updated dress code mandated female workers to wear a bra or undershirt, she said.

The general manager allegedly told her the rule was meant to protect her from golf club members, especially “when alcohol’s involved”.

“Why do you get to dictate what’s underneath my clothes?” she said.

Schell explained wearing a bra gave her discomfort since she had to serve tables at the club’s outdoor patio amid the hot weather.

Gender-specific dress codes have long been a hotly contested topic among employers and workers.

In 2016, the Human Rights Commission of Ontario clarified the policy against sexualised dress codes. The commission urged employers to ensure “any uniform or dress code policy does not undermine employees’ dignity and right to fully take place in the workplace because of Code grounds, including sex, gender identity, gender expression, and creed (religion).”

Employers can find out more about the dress code policy in this HRD article.

Related stories: 
Human Rights Commission clears up gendered dress codes
Starbucks revamps employee dress code