How Far Can an Employer Go in Imposing Appearance-Based Requirements?
In the employment setting, there is a constant tension between an employer’s desire to control its image and employees’ rights to be free from discrimination and to freely express themselves. While it is generally accepted that an employer may impose appearance-based requirements if it establishes a legitimate business reason for the rule, it seems hard to believe that an employer could justify refusing to hire a person based on their physical appearance. However, in two recent decisions, the British Columbia Human Rights Tribunal found that race and age can in fact be bona fide occupational requirements.