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Canadian Law of Work Forum (CLWF)
Law of Work Archive

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 an Associate Professor of Work Law and Industrial Relations at York University. He is the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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CanLawWorkForumCLWF@CanLawWorkForum·
17 Mar

New on @CanLawWorkForum from Prof David Doorey (@TheLawofWork)

#Uber #WorkerClassification #EmpLaw

David J. Doorey@TheLawofWork

Lots of chatter about Uber announcing it will kind of, sort of treat drivers as "workers" in the UK.

How does the UK's "worker" category compare to Canada's "dependent contractor" status? Some thoughts in my new post here on @CanLawWorkForum:

https://lawofwork.ca/uberworkerstatus/

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CanLawWorkForumCLWF@CanLawWorkForum·
10 Mar

Good day to reflect back on this recent timely post explaining the PRO Act that would dramatically alter U.S. labor law.

For labor law students:

What changes in the PRO Act are already law in all or parts of Canada?

David J. Doorey@TheLawofWork

A primer for Canadians by ⁦@Harvard_Law⁩’s Jonathan Levitan on what is contained in the U.S. Protecting the Right to Organize (PRO Act) which recently passed in the House south of the border.

(From ⁦@CanLawWorkForum⁩) https://lawofwork.ca/amp/bidenagenda

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RSandillRicha Sandill@RSandill·
24 Feb

@SCLSclinic and I were so fortunate to represent this client last year. I am thrilled that this decision brings more clarity for family status accommodations rights amidst a pandemic that has tested parents, caregivers, and families like never before. https://twitter.com/CanLawWorkForum/status/1364605259071561730

CLWF@CanLawWorkForum

New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

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