Research Question - Employment Standards/Appearance

[Vancouver Island Human Rights Coalition]

Hello Research Team!

Firstly, a big thank you to Kaitlyn and Sarah on their amazing research memos. Thank you so much, we were definitely impressed with the work!

Secondly, we have another research problem for a couple of you to tackle.

There are two issues:

1. What kind of protection is there for a person in their employment regarding their appearance, in particular their hair?

The individual is male, with short to long hair (long enough to be worn in a ponytail) and their employer is harassing them to cut their hair.  This person wears their hair in a ponytail while at work, which was agreed upon at the time of hiring. They choose to wear their hair long for personal reasons, nothing to do with religion or creed. So there isn't really any Human Rights protection that we can see. However, the employee is quitting his job because the employer's constant harassment about the length of his hair and hair style is just too much to take. The employer even took a picture of the employee without his consent because of his hair. He has taken pictures of other men with longer hair in ponytails (apparently without their consent) to show to the employee. And has shown him pictures on the internet of other men's hair in order to coerce him to cut his hair or to wear it differently.

Is there anything in terms of contract (how his hair would be worn seems like term of the employment contract) or WCB or Employment Standards or anything else you can think of?

2. What are an employees rights regarding time off for family illness and rights regarding pay?

The same employee's mother was diagnosed with cancer, so he needed time off to go visit her, but was denied. What is the person's rights to time off.  Also, this same employee worked 9 hours a day, but was only paid for 8 hours. His only break was a 1 hour lunch (30min paid, 30 min unpaid). What should his actual pay be, what breaks is he entitled to and what recourse can he take in this situation?

If you can research these issues please let us know which one you are tackling!  Thank you very much, hope everyone is having a fantastic summer!

All the best,

Zoë & Sheila

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Zoë Macmillan
Barrister & Solicitor
VIHRC Advocate

Vancouver Island Human Rights Coalition
418-620 View Street, Victoria, BC
Coast Salish Territories, V8W 1J6
Tel. (250) 382-3012  Fax (250) 380-7311
http://vihrc.org

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[Vancouver Island Human Rights Coalition]

Please disregard the previous email.

Sorry for any confusion.

Thanks,

Sheila

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