Canadian HR Reporter

CANADIAN HR REPORTER November 30, 2015 10 NEWS HR Manager's Guide to Employment Files and Information Management: Legislation and Best Practices uniquely addresses the management of all types of employee information throughout the employment lifecycle, from recruitment to termination. Employment information and documentation management carries legal requirements that protect an organization from litigation, and are essential to the creation of sound policies for efficient, effective, and ethical business practices. Easy to read and understand, this new guide provides Human Resources professionals and others who deal with employee files, either electronically or in paper format, with: • Key legislation and emerging case law • Best practices in the areas of privacy, records retention, human resources information systems (HRIS), and information security • Practical guidance, tools and templates, such as sample policies • Information on all Canadian jurisdictions Know your legal obligations in managing employee files Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986618-65203 $70 Softcover approx. 100 pages April 2015 978-0-7798-6618-2 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00228VC-A49657-E98872 New Publication HR Manager's Guide to Employment Files and Information Management: Legislation and Best Practices A Canadian HR Reporter Special Report Howard A. Levitt, B.A., LL.B., and Tanya Neitzert, B.A., CHRP Brought to you by: e new uniform requirement for men further exasperated An- gus and other female staffers. "e other issue she disputed was the fact that the dress code for male servers was very differ- ent. It consisted of jeans, a con- servative button-down shirt and Converse sneakers," said Green. "So her concern was the skimpy nature of the dress that she was going to be required to wear and the fact that it contrasted with what the male servers were re- quired to wear." e restaurant, owned by par- ent company Cara Operations (which also runs Casey's, Kelsey's, Montana's, Harvey's, Milestones, Prime Pubs, East Side Mario's and Swiss Chalet), has since backed down and made adjustments to its uniform requirements, which apply to all Bier Markt locations in Ontario and Quebec. ere are now additional op- tions for women to cover up the dress, choose another one with a longer hemline or opt for a unisex version of the jeans-and-shirt out- fit originally intended only for the male wait-staff. "We have made additional ad- justments to the uniform specifi- cations including adding options for additional footwear choices, hosiery, cardigans women can wear when they want, and an option for a longer length dress," said Cathy Cowan, a spokesper- son for Cara Operations. But not all female staff shared Angus's worry, and the uniform was vetted by a small group of fe- male wait-staff. "e new uniforms were se- lected to reflect Bier Markt's styl- ish image and restaurant staff at various Bier Markt locations were closely involved in the selection process," said Cowan. "Sample uniform dresses were provided to bartenders at one of our restaurants to wear and test over two weeks of busy service. Based on their feedback from this test phase, changes were made to the dresses to optimize comfort and functionality. Once finalized, each restaurant received a sizing kit to enable staff to try on the garments and select comfortable sizes." As of press time, Angus still worked at the Bier Markt. "I am relieved that Cara has of- fered alternatives to the revealing, skin-tight dress that leaves noth- ing to the imagination — espe- cially in an industry where sexual harassment is rampant," said An- gus in a statement via her lawyer. "I was told that the sexy dress code was not designed to sexualize or discriminate against women, but I certainly felt degraded when baring my body to perform my du- ties. Women should not be forced to wear skimpy uniforms at work. It should be their choice whether or not to wear revealing attire." Not hearing of a problem doesn't mean it doesn't exist for other women in the hospitality industry, said Green. "Women's bodies should not be used to sell burgers and beer. Employers need to recognize that they must comply with the stan- dards set by the Ontario Human Rights Commission," she said. "I hope that Cara's positive response will elicit the same reaction in other employers in the restaurant industry throughout Ontario." In its 2008 document Human Rights at Work, the Ontario Hu- man Rights Commission explicitly prohibited dress codes that dis- criminate based on sex. Employ- ers, therefore, should be prepared to prove any sex-linked differences in the dress code are bona fide oc- cupational requirements, it said. "Do not subject female employ- ees to more difficult requirements than male employees, and do not expect them to dress provocative- ly to attract clients. It is discrimi- nation based on sex to require female employees to wear high heels, short skirts and tight tops." While Green said she has come across cases of discrimination based on sex at similar employ- ers as far back as the 1980s, her research did not unearth much in the way of precedent, specifically on dress codes. Most of the relevant and recent cases and case law only addressed the issue peripherally, she said. However, the human rights as- pect of dress code is one employ- ers should not take lightly. "is will not be the last time this issue will be brought up," said Green. "e issue is whether another employer will stick to its guns and say, 'No, we want to have a determination made by a court or a tribunal before we change the dress code.'" Sexist culture: Professor Women in the service sector are too often subject to blatant and ingrained sexism in a field where they dominate the labour force, according to Pamela Sugiman, a professor and chair of Ryerson University's sociology department in Toronto. "Clearly, women are very much treated as part of the backdrop, as part of the scenery in the hospi- tality industry. And some things that one couldn't get away with in other work contexts in such an explicit way seem to be taken for granted in the entertainment and hospitality industries," she said. "At the same time, it is outright discrimination, a violation of peo- ple's rights, blatant sexism — yet it just continues to happen." Work is work, by definition, so the servers at Bier Markt should enjoy the same rights as the rest of us, said Sugiman, adding union- ization is one possible and attrac- tive avenue for such employees. "Penalties can come in subtle, informal ways for not complying. ere is still pressure on them to (wear the dress) because who knows what could happen if they don't have any kind of representa- tive or union representation." Angus attempted "self-help" remedies, according to her lawyer, such as covering up her shoulders by wearing a cardigan, but was told to remove it or be sent home. She also claimed her work hours were reduced and she was threat- ened with suspension. "In sexualizing the bodies of young women and making them look very glamorous, it hides the fact that it is hard work, it is real physical drudgery in some ways," said Sugiman. "It is also hard because it is emotional labour — you have to sell yourself, you have to sell your personality, in order to get a tip." Human rights code prohibits 'provocative' dress DRESS CODE < pg. 1 "Penalties can come in subtle, informal ways for not complying."

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