Reference no: EM133843828

Assignment:

Scenario: Salazar v. Toronto Beauty Boutique (2024)

Francisco Salazar is a masculine-presenting cisgender man. Although he is a trained makeup artist, Mr. Salazar does not wear makeup himself. Since 2021, he has worked at the Toronto Beauty Boutique, where he is both a cosmetics salesperson and a cosmetician.

In 2023, the Toronto Beauty Boutique put in place a new policy, reading as follows: "All employees who work directly with customers at the Toronto Beauty Boutique must be wearing cosmetics sold in our store, including full lipstick and eyeshadow, while at work." Management at the Toronto Beauty Boutique instituted this occupational requirement following customer surveys that indicated customers "found it significantly easier" to tell what the makeup would look like when applied when the salespeople were already wearing it and that they "were significantly more likely to purchase" the products in those cases. Therefore, the evidence-based purpose of the policy was to increase sales of their primary products.

All of the other employees at the Toronto Beauty Boutique had no issue with the new policy since they all wore makeup to work everyday already and were provided with free cosmetics from the store itself. While these other employees were mostly women, there were two other men working the Toronto Beauty Boutique who regularly wore makeup and accepted the policy without issue.

Mr. Salazar told management that he believed men should be exempted from the standard requirement. However, in response, management told Mr. Salazar that "nothing about being a man prevents a person from wearing makeup." Management pointed to the fact that two other male employees who accepted the policy without issue as confirmation of their position. When Mr. Salazar subsequently refused to wear makeup during his next several shifts, management at the Toronto Beauty Boutique fired him for not upholding an occupational requirement.

Mr. Salazar has subsequently contacted a lawyer to inquire about filing a human rights complaint against the Toronto Beauty Boutique, alleging discrimination on the basis of "gender expression" under the Ontario Human Rights Code. The lawyer has told Mr. Salazar that there are two key things they will need to prove if they are going to win: that this qualifies as discrimination and that it is not justified.

Question to answer: Based on what you have learned in this class, who do you think should win at the Ontario Human Rights Tribunal: Mr. Salazar or the Toronto Beauty Boutique? Why?

Your answer should primarily rely on content from Topic 2: Gender Equality Rights and/or Topic 4: Gender Identity and Expression.