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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 an Associate Professor of Work Law and Industrial 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🇨🇦 @TheLawofWork@mas.to Follow

Law Prof. Talking #labor & #employment #law to the masses. @YorkUniversity @OsgoodeNews @LSELaw @CLJEHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
3h

My fingers are just too big to play an A chord on the #guitar.

Otherwise I would be a rock star. This is the only thing holding me back.

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
3h

Not seen comparable stats for Canada.There are terminations, but also better laws in most Canadian jurisdictions, including

- remedial certification
- interim reinstatement
- card-check/quick votes

“1 in 5 workers in US is fired for organizing a union” https://onlabor.org/labor-law-reform-is-needed-for-unions-to-succeed/

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
4h

This is Canada's federal Minister of Labour.

Bill 377 was a labor bill disguised as a tax law (so Cons could pretend it was federal jurisdiction) that buried unions in red tape & reporting requirements not applicable to any other orgs.

https://www.parl.ca/Content/Bills/411/Private/C-377/C-377_3/C-377_3.PDF

Bill 525 ...

1/2

Seamus O'Regan Jr @SeamusORegan

Bills 377 and 525 were two of the most anti-worker, union-bashing bills this country has ever seen - put forward by the Harper Conservatives.

We scrapped them. We believe in unions. We believe in workers.

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