Employment lawyer on workplace dress codes and human rights

Interview Summary

A teacher’s choice of attire in Halton region’s Oakville Trafalgar high school has led to concerns from parents regarding appropriate behaviour. What is expected of employees regarding dress codes in the workplace? Can employers penalize or terminate private sector employees due to dress code infractions?

A Toronto employment lawyer at Samfiru Tumarkin LLP joined Kelly Cutrara on 640 Toronto to answer these questions and more on employee and human rights.

Interview Notes

• Protected rights of employees: The primary concern in this situation appears to be human rights, however, there are also privacy concerns. Employers should implement dress code policies that are careful not to infringe on the protected rights of employees.
• Medical documentation to support the claim: Employers are not entitled to diagnostic information, however, they are able to request a prognosis or necessary accommodations for an employee.
• Terminated due to dress code violation: Employers have to consider if an employee’s behaviour and attire are protected under the Human Rights Code. Violating an employee’s human rights could lead to significant legal damages for an employer. Employers should be careful when implementing dress codes in the workplace or terminating employees due to discriminatory reasons.