Case Overview:
Peter Zanette, a longtime volunteer at the Ottawa Chamber Music Society (OCMS), filed a complaint alleging discrimination based on sexual orientation, gender identity, and gender expression under the Ontario Human Rights Code. On August 1, 2019, while volunteering, Zanette displayed a rainbow sticker (symbolizing the 2SLGBTQ2 community) on his volunteer name badge. He was asked by the OCMS’s Volunteer Manager to remove the sticker in accordance with the organization’s dress code. Zanette claimed that this action was discriminatory.
Legal Framework:
The case was analyzed under Ontario’s Human Rights Code, particularly the provisions on equal treatment in employment. The test for prima facie discrimination required the applicant to show that:
- They have a protected characteristic.
- They suffered an adverse impact.
- The protected characteristic was a factor in that adverse impact.
Key Facts:
- Zanette, a volunteer since 1995, was aware of OCMS’s policies, including the dress code.
- OCMS maintains policies on inclusion, anti-discrimination, and a dress code for employees and volunteers.
- Following an email exchange with OCMS’s General Manager on the day of the incident, Zanette complied with the request and removed the sticker.
Tribunal Decision:
The Human Rights Tribunal of Ontario dismissed the application. While the tribunal acknowledged Zanette’s membership in a protected group and that the request to remove the sticker was adverse treatment, it found no substantive discrimination. The Tribunal determined that OCMS’s request was not arbitrary or based on prejudice or stereotyping. Instead, it was grounded in enforcing a neutral dress code policy, which did not target Zanette’s sexual orientation or identity.
Thus, the tribunal concluded that the respondent’s actions did not infringe on Zanette’s rights under the Human Rights Code.
Conclusion:
Employers should assess dress code policies carefully to ensure they do not inadvertently create grounds for discrimination claims. It is highly recommended to not have separate dress code expectations for different genders. Policies have to be uniform and enforced among all employees. Failure to do so can result in legal and reputational risks for the organization. If an employee requests an accommodation tied to identity (or any other protected ground under human rights), it’s important to evaluate the situation on a case-by-case basis while ensuring that any policy is fairly applied to all employees, regardless of their personal characteristics or beliefs. This approach not only promotes inclusivity but also helps mitigate potential liabilities.
If you are considering implementing a Dress Code or a Human Rights Commitment Policy in your workplace, we can help! Simply email Service@hrcovered.com if you need one developed or check out our HR Hub to see what’s available right now for use.
Reference: Zanette v. Ottawa Chamber Music Society, 2024 HRTO 998 (CanLII)