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Hooters' Discrimination?

by David Doorey February 5, 2009
written by David Doorey February 5, 2009

Go to fullsize image  Here’s an issue we discuss in my employment law class.   Can Hooters refuse to hire male servers?  They do of course.  Well now a man in Texas has had enough and has filed a human rights complaint alleging he has been discriminated against because he is not an attractive female.  He wants to be a “Hooters Girl”, in other words, and the employer won’t hire him.
We’ve talked about how this case would be analyzed under Ontario human rights law in class.  Since we are prepping for final exams, maybe someone from my course could attempt to explain to the Blog readers how this case would be decided under Ontario law.  What sections of the Human Rights Code would come into play?  What ‘defense’ would the employer assert?

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David Doorey

Professor Doorey is a Full Professor of Work Law and Labour Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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    David J. Doorey (aka The Law of Work) @thelawofwork.bsky.social 1 day

    Private conservative club for the wealthy claims it can’t find any Canadian “servers”.

    This means:

    - the wages are crap and below comparable server jobs;

    - the servers are treated like crap by the “members”;

    - the club is lying.

    Which is it?

    www.thestar.com/politics/fed...

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