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?
